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.

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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

Answers:

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

Answered 14 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. 


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