Transfer from California to another state on probation??

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Latest post Sat, Jun 18 2011 7:50 PM by Anonymous. 8 replies.
  • Sat, Jun 18 2011 3:26 PM

    • Kstreet
      Consumer
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    • CA
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    Transfer from California to another state on probation??

    I was told that California does not allow out of state transfers while on probabtion. I was told this by my "not so friendly" probation officer. My parent live in Florida and my dad is ill with Hodgkins limphoma. My mother is having a hard time taking care of him and I want to transfer to Florida to stay with them to help. Since I have no one to ask but my probation officer, I thought I would seek out advise on what to do. They wont let me just visit for a month, even though I dont even do check ins - so I thought it may be better to transfer permanently.

    Can this be done? I know CA has harsher rules, but there has to be a way to transfer.

    Please help!

     

  • Sat, Jun 18 2011 4:31 PM In reply to

    • Ford
      Lawyer
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    • Joined on Thu, Mar 16 2000
    • Posts 12,797

    Re: Transfer from California to another state on probation??

    Kstreet:
    there has to be a way to transfer

    Nope, there does not.  Getting convicted in CA is very little different than getting convicted in France.  France wouldn't have to let you leave the jurisdiction, and neither does CA.

    Most all or all states are joined in an "interstate compact" to allow transfers of probation.  It requires agreement from CA, and agreement from the state you want to move to.

    With the state of CA's budget, I'd think they'd be more than happy to let you go.  However, with the likely state of the budget in FL, they likely don't need anybody else on probation.  Things are tough all over.

    Call the attorney that represented you.  If you had a public defender, call him or that office.  In my state, a PD would continue to represent you for certain matters even after sentencing.

  • Sat, Jun 18 2011 6:01 PM In reply to

    Re: Transfer from California to another state on probation??

    Appears that your probation officer might hot have any say in this.

    I found the following Parolee Rights Handbook that has a section on transferring to another state and the requirements. See Pages 19 and 20 at:

    http://www.prisonlaw.com/pdfs/PAROLEweb.pdf

    More information and a phone number is at:

    http://www.cdcr.ca.gov/Ombuds/parole.html

    No way to predict whether or not you can actually qualify for the transfer. 

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Jun 18 2011 6:09 PM In reply to

    • Kstreet
      Consumer
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    • CA
    • Posts 7

    Re: Transfer from California to another state on probation??

    Thats parole info - is that the same?

    im on probation, and im not required to do check ins - limited I believe it is

  • Sat, Jun 18 2011 6:11 PM In reply to

    Re: Transfer from California to another state on probation??

    Kstreet:

    Thats parole info - is that the same?

    im on probation, and im not required to do check ins - limited I believe it is

    I don't know.

    Make a few phone calls. See what you can find out.

    Or consult an attorney. Could require petitioning the court if this other thing isn't applicable.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Jun 18 2011 6:12 PM In reply to

    • Kstreet
      Consumer
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    • Joined on Sat, Jun 18 2011
    • CA
    • Posts 7

    Re: Transfer from California to another state on probation??

    My lawyer never calls me back - even when I call for an appointment. He is a PD and is semi retired - So I am not sure where to turn. I did get transfered to a new county recently, so I was hoping to see if my new probabtion officer has more info. When I met with the new one, they suggessted I go back to court to get released off probabtion because I dont have a ned to be on the probation I am on. They are not requiring me to do check ins anymore.  its all so confusing - I have a clean record and because I owned an adult store they told me they were going to "fry" me in court. Everyone other then the procesucter and my old PO said it was rediculious how it was handled.. it was a "backwoods" type court case.

  • Sat, Jun 18 2011 7:03 PM In reply to

    Re: Transfer from California to another state on probation??

    Kstreet:
    My lawyer never calls me back - even when I call for an appointment. He is a PD and is semi retired

    Then you are gonig to have to hire yourself a private lawyer.

    I don't make referrals but I googled and came up with two that appear to specialize in terminating probation and getting expungement along with it. One even quotes a fee of $1450 that can be paid in installments.

    http://www.record-clear.com/get_off_probation_early.htm

    http://www.jeffhammerschmidt.com/PracticeAreas/Termination-of-Probation.asp

    Or you can google your new county name followed by early termination of probation lawyer and see if you come up with somebody local.

    1203.3 of the penal code is about 2/3 of the way down the following page.

    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1191-1210.5

    Seriously does not look like a DIY project.

    Well worth the money if it gets you released from probation.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Jun 18 2011 7:36 PM In reply to

    • Kstreet
      Consumer
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    • Joined on Sat, Jun 18 2011
    • CA
    • Posts 7

    Re: Transfer from California to another state on probation??

    thanks! much appreciated

  • Sat, Jun 18 2011 7:50 PM In reply to


    Re: Transfer from California to another state on probation??

    Transfer requires the agreement of both states--CA and FL.  Much depends upon what you were convicted of and what the terms of your probation are.  It's not just whether you have to do check-in's or not.  Consult local counsel. 

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