If I am on probation can I be denied the right to have my probation transfered to another county or state.

I will be going for sentencing on May 20th and I am confident that the Judge is going to grant me probation. I am eligible but the Probation Dept and Da wants me in prison. Once I am sentenced I want to move out of the county I am in as I know I will be harassed and become a victim to violate me.

Asked on May 17, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As far as I know, you don't have the "right" to have your probation transferred, certainly not out of the state and quite possibly not out of the county.  You can always file a motion with the court to ask for a transfer, but there is no guarantee it would be granted.  All of these things are best put in the hands of an experienced attorney.  One place you can look for a criminal defense lawyer, if you don't already have one, is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.