Is it possible for someone who is about to start probation for a year in one state ask to be on probation in another state instead?

UPDATED: Nov 29, 2012

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Is it possible for someone who is about to start probation for a year in one state ask to be on probation in another state instead?

And do the same amount of time and same laws just in a different state?

Asked on November 29, 2012 under Criminal Law, Georgia


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

Answered 10 years ago | Contributor

Typically, a probationer is allowed to transfer their probation from one state to another. However, their probation officer will have to approve. So ask your PO what the state's requirements are for moving (get them in writing) and then show your PO that you have or can meet them. The stronger the case that you can make, the better. If you can't fo this, then you'll probably have to stay put.

Technically, if your PO doesn't want to give you authorization to transfer you may appeal the decision with the judge who presided over your case. Generally speaking, however, judges rule on the side of the PO in these matters. So you would need to show that the decision places you at an extreme hardship.

Further, you should be aware that 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 for probation.

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.

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