My husband received a class I felony in Wisconsin for fleeing/eluding police. He was just offered 18 months probabtion or 6 jail. This is his first offense and there really wasn't a chase he just left before police showed up. I have since moved from wi to az due to domestic violence with my parents and brother. They are the ones that brought the original.charges against him in the first place.
You can't. He would need to apply for transfer of his probation, and under the circumstances described, his P.O. isn't likely to allow him to live in the described household. Absconding from probation would constitute another crime. They would issue a warrant for his arrest, and extradite. Encouraging someone to abscond is also an offense.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
If he chooses to leave without satisfying the obligations handed down by the court, a warrant for his arrest would be issued. Since if is a felony case, the warrant would most likely be executable in any state, including AZ. He can get his probation transferred by making the request to his probation agent. Probation & Parole would need to put in the paperwork for an InterState Compact Transfer to AZ. Your husband would not be allowed to leave WI until he gets the approval to do so from Probation & Parole. Sometimes this approval takes several months to achieve. It is faster if he has a residence and a job in AZ.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
Six months in jail will pass more quickly than 18 months of probation, so if time is the only issue, he should accept the jail recommendation, which would usually allow him work release. As noted, there is no easy way to end or transfer felony probation obligations merely because the circumstances have changed, so avoiding a sentence of probation is also probably a good idea because any PO would probably place a "no contact with you" order. An experienced criminal lawyer representing him will be essential, as will your remaining in touch with the lawyer rand making sure he knows all the details of your situation. Convincing the judge and DA that you two can be safely reunited will be essential.
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