If I am on probation fora DWI for the next 9 months, can the court keep me from moving out of state for a job transfer?

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If I am on probation fora DWI for the next 9 months, can the court keep me from moving out of state for a job transfer?

I’m living in NM and am supposed to move to SD. I have fulfilled all the requirements of my DWI other than the probation time.

Asked on June 29, 2011 under Criminal Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What many people on probation do not realize is that probation can indeed be transferred from state to state.  Probation officers often do not like to let people know that.  They keep things to themselves.  What you need to do is to have a "plan" in place, so to speak, to show the court that you have thought out the move and that you have a place to live, have a job, etc.  If you have no other conditions of probation to meet - such as community serivce or attending AA meetings where you would need to show the court that you have a comparable program in place in the new state - then you should really not have a problem.  I would consult with an attorney in your area to help you touch base with probation in South Dakota to see what you need to finalize the matter.  Good luck. 


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