I’m originally from California and was in the process of moving back with my Fiancé and my 2 kids when my DUI happened. (First offense, no criminal record, no prior traffic violations) I stayed in Colorado for court etc. I was sentenced to 1 year of probation, and my PO is saying my probation cannot be transferred to CA. If I stay in CO I am at major actual risk of homelessness, due to lack of resources, and support. I lost my very good paying job over my DUI and have been struggling to find another that pays enough to support me and my probation while being flexible with time off for my probation requirements. My fiancé can’t support us both.
I have an actual home/house with my Fiancé in California, as well as a good job opportunity that is more than willing to work with my situation, and I have already missed out on the holidays and birthdays with the kids.. so it is extremely frustrating that my PO basically is saying I’m stuck here until I finish probation, and if I end up unemployed and homeless “she doesn’t know what to say, because she has no other option for me”. So what can I do to get home and not be stuck in CO with no support? Thank you in advance for any response.
Your PO is correct- interstate probation supervision transfers are governed by the ICAS (https://www.interstatecompact.org/) and transfers are not permitted for 1st offense DUI's.
There may be some other options for you. If you've completed all requirements on probation but still have a period of supervision left, you could ask for early termination or to be moved to unsupervised probation with permission to leave the state. If you have requirements left to complete, you may want to consider a 35(b) motion to reconsider your sentence and ask for a jail sentence to be imposed rather than probation or for unsupervised probation with permission to complete all requirements while residing out of state.
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