My son lives in Florida but received a DUI in North Carolina while stationed at Camp Lejuene. The court says he has to stay in NC for his probation.

While in the Marines my son received a level 5 DUI charge in Silva, NC. He was discharged in March. His place of residence is Florida. He was put on probation in lieu of jail and NC says he must stay in NC, get a job, a place to live so that he can serve out his probation and pay the fines. Is there any legal means to rectify this so he doesn’t have to move to NC and lose his job here?

Asked on May 23, 2009 under Criminal Law, Florida


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

Answered 10 years ago | Contributor

Sometimes it is possible to get probation transferred from one state to another, by filing a motion with the sentencing court.  It usually takes a good criminal lawyer in North Carolina to make this happen, because it's relatively unusual and will almost certainly depend on some of the details of the case that you haven't included. 

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 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.