Can someone living in one statetransfer probation to another state?
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Can someone living in one statetransfer probation to another state?
My boyfriend is currently on 5 year probation for arson in NJ. He only has about 9 months left of the sentence. We have contemplated having him transfer to my home in NV. Is it worth it to go through the whole process of going through with the transfer even though we only have a few months left? If so then how would we go about accomplishing it?
Asked on March 21, 2011 under Criminal Law, Nevada
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general rule, a probationer is allowed to transfer their probation from one state to another. However, their probation officer will have to approve. So your BF should ask his PO what the state's requirments are for moving (get them in writing); then show his PO that he has met them. The stronger the case that he can make regarding his move the better. For example, inform them that he has a place to live, a job lined up, etc. - and have proof. This should make things easier. If not, then he'll probably have to stay where he is. Technically, if his original PO does not want to give him authorization to transfer to another state, he may appeal the decision with the judge who presided over his trial. Typically, however, judges rule on the side of the PO in these matters. He would need to show that the decision places him at an extreme hardship. He'll have to demonstrate to the court that all state transfer requirements have been met. So he should have proof and backup documentation with him (neat and organized) if and when he needs to appear before the judge.
Note: Be aware that transferring probation from one state to another also requires the agreement of the receiving state. This means that the state that your BF want to move to must agree to accept him and put him on probation there.
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