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Probation and transfer following house arrest, can I move out of the state?

Doylestown, PA |

I was convicted of my 2nd DUI in June. I am on house arrest until September 22nd in Pa because of it. I plan to move to New York City immediately after and have signed a lease for October 1st because I was told by my officer, attorney, and others that I can move afterward. I am concerned whether I can move immediately, I am sure that my probation officer will be fine with it because of the way I have complied and because of my character. I am a good guy with no other encounters with the law. I am building a database of 500 prospective jobs so it is not just on a whim. Will I be able to make this move immediately? How long does it take to meet with and get an okay from PO? Will it be reporting or non reporting probation. All outpatient and highway safety will be complete and flawless.

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Attorney answers 3

Posted

You definitely need to complete the house arrest program. If you bail - a warrant for your arrest in PA will be issued. That's part of your probation. If you abscond and eventually apprehended, you'll be looking a whatever the max term of incarceration applies to your second offense (in CA, its one year). Probation means that the maximum term of punishment is "suspended" - and remains so, until you've successfully completed probation. In order to successfully complete it, you must fulfill all terms and conditions.

Judith M. Fouladi, Esq.
Orange County

Posted

Once your house arrest is over it will be up to your PO if you can move to NYC. I would make an appointment with him or her ASAP to get her permission. I recently represented a client who was on probation for a second DUI who had an acutal job out of state. His PO would not allow him to move out of state due to requirments of the interstate compact. We were required to petition the Court for an early termination of his probation. So it will be important to communicate with your PO as early as possible to determine if a petition for early termination will be neededd.

Posted

You must complete your house arrest in Bucks County before you more. The other option is spending the time in the Bucks County prison.

I believe you can have your parole transferred to another state, but this must be cleared by your Bucks County parole officer. You should have had the chance to meet with your parole officer by now. If you stayed in Bucks County, after you house arrest (and assuming that you complete house arrest on good behavior) you will be released on “reporting” parole. Therefore, most likely, you will be on reporting parole with the State of New York.

Getting your alcohol testing and Alcohol Highway Safety School done ahead of time is always a plus. Good Luck!

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