My nephew has asked his probation officer months ago to be transferred to Mississippi; now she"s telling him 4-6 wks. Is there no way to hasten this?
Question Details:
My nephew is in S.C; who has the authority to grant him an immediate transfer? Due to his coldhearted PO who was slack about filling out the paperwork to have him transferred to MS, he will now have to wait an additional 4-6 weeks. What would the penalties be for absconding S.C. Could they, would they, extradite him back here from MS? Felony poss-w-intent, charges; no violence or weapons involved; no resisting arrest.
IF he "absconds" to MS, they will violate his probation. He will then have a warrant issue for his arrest and when found, they will bring him back and in all liklihood he will sit in jail for a considerable amount of time. Then he will be taken in front of a judge on the violation and that judge will have the authority to give him the original prison time that he received at sentencing. In other words, when he received probation at the time he was sentenced, the judge gave him a certain amount of time in prison, "suspended" upon sucessful probation. When he is brought back in front of the judge, he/she will have the authority to put in in prison.
Please do not let him, "abscond" to MS. That would be the worse thing he could possibly do.
He is under the jurisdition and authority of the probation department. He only recourse is within that department. If he doesn't think he is being treated fairly, then maybe he should consider contacting the probation officer's supervisor.
I would also strongly recommend having a meeting with an attorney who can ask all the necessary questions and guide him from there.
