How do I switch my probation to another state?

Asked on December 13, 2011 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Transferring probation from one state to another is not as simple as that. Your PO will have to approve the move.  So ask them what your state's requirments are for a transfer (get them in writing); be sure to show your PO that you have met them. The stronger the case that you can make regarding your move the better. For example, have a place to live, a job lined up, etc. (and have proof). This should make things easier. If not, then you'll probably have to stay in the state in which you are currently live.

Technically, if your original PO does not want to give you authorization to transfer, you may appeal the decision with the judge who presided over your trial/proceedings. Typically, however, they rule on the side of the PO in these matters. So, if it comes to it, you would need to show that the decision places you at extreme hardship. s well as demonstrate to the court that all state transfer requirements have been met. So have all of your proof and backup documentation with you (neat and organized) when you appear before the judge.

Note: 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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