If I get pretrial diversion can I transfer that to another state to attend college?

Asked on February 16, 2016 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The answer to your question is 'maybe.'  Pre-trial diversions tend to be short, specialized programs.  The decision to transfer will be up to your current jurisdiction and the receiving jurisdiction.  Some will not approve transfers under one year in length. To know if they will or won't, you really need to visit with your probation officer and start working on the paperwork. 
If your probation officer won't approve the transfer, then you can potentially file a motion with the court and ask the judge to aprove the transfer.  As a general rule, judge's tend to follow the recommendations of their probation officers.  Even if the judge approves the transfer from your current jurisdiction, it will still be up to the receiving jurisdiction to accept you. 

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