What is the easiest way to transfer felony supervised probation?
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What is the easiest way to transfer felony supervised probation?
I got in trouble for delivery of a controlled substance and I have been on probation for the last 4 months. I want to move from WY to WA for school and a new start. What would be the easiest way to get approved to move?
Asked on August 7, 2011 Wyoming
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Transferring a probation out of state is not easy or automatic. However, if certain conditions are met, a probationer may be allowed to transfer their probation out of state. First of all, their PO will have to approve. So you should ask what the state's requirements are for moving and get them in writing. Then show your PO that you have met them. The stronger the case that you can make for needing this move the better. For example,in your case you want to pursue your education. that's good start. Yet you'll also want to show that you have a place to live, and a support system (possibly friends or family in the area, etc). Be sure to have proof. This will go a long way in getting your PO's approval for the move. If not, then you'll have to stay where you are in all likelihood. If your PO does not want to give authorization for the transfer you may appeal the decision with the judge who presided over your case. Typically, however, judges rule on the side of the PO. So in order to have the court override your PO decision, you would need to show that such decision places you at an extreme hardship. Finally, you need to be aware that transferring probation from one state to another also requires the agreement of the receiving state. This means that the state that you want to move to must agree to accept you and put you on probation there.
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