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Can my son with a second dui offense in florida, transfer any outstanding probation to MA and any ADAP classes?

Weymouth, MA |

My son is in Florida and is finishing probation in one month but, has fines to pay, classes to pay for, ADAP and attend AA. He is without a license and it down there alone. He is trying to get back up here for family and support so he can meet his fines and obligations here. Is this possible? He is continually digging a financial hole for himself and needs to leave florida.

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Attorney answers 5

Best Answer
Posted

Needs to get approval first. He will need to show address in mass and his probation will be transferred to the court which has jurisdiction over his town or city For instance if he is going to live in Weymouth, the court would be Quincy district court

Attorney Michael H. Erlich Eden, Rafferty, Tetreau & Erlich 238 Shrewsbury Street Worcester, MA 01604 Office: 508.791.9001 Cell. 508.769-7995 Fax: 508.795.1811 CriminalDefenseWorcester.com

Posted

He may be able to but he must first make this request to his probation officer in Florida.
You may want to post this same question on AVVO's criminal law page in Florida.

Good Luck!

Asker

Posted

Thank you for your response. Apparently, he has written a letter to his probation officer in Florida but, has not been contacted as of yet.

Kevin Michael Cloutier

Kevin Michael Cloutier

Posted

Tell him to be very persistent and call them. His PO likely has a hefty caseload and your son's case may not be a priority. If he simply cannot get the PO to contact him, he may want to consider hiring an attorney to file a motion with the court seeking a transfer. I have dealt with probation officers in Florida on this very issue and it is not easy. I eventually advised my client to hire a local attorney in order to get some traction on his request.

Posted

It may be possible to transfer his probation, but if he truly only has a month left, perhaps he would be better off just finishing things up in Florida and then coming back to MA. Best of luck to you and your son.

Jasen Nielsen

Posted

He needs to speak to probation in FL, I will say that probation is routinely transferred from one state to another.

This is not intended as legal advice and does not create an attorney-client relationship.

Posted

Any transfer of state probation would first require the receiving state to agree. It is not automatic. There is no right to transfer, it's a privilege. In my experience as a defense attorney, most of the time the answer is "no." Probation departments are reluctant to take on another state's burden. But, it can't hurt to ask. He should get a Florida lawyer to navigate this.

Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.

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