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  1. #1

    Default Probation Transfer and Moving States

    My question involves criminal law for the states of: Michigan + South Carolina

    Well here goes...

    I'm 19 years old and I still live with my mother and sisters.

    Memorial Day weekend 2012 I received an MIP. I went to my initial court date around the end of June. Was required to PBT & Oral Drug test once a week and ETG & PTB every Sunday until my sentencing for my bond. No violations.

    Went to my sentencing hearing on July 27th and received 1 year of reporting probation. Which means PBT & Oral Drug test once a week and ETG & PTB every Sunday. I have paid all court costs, my attorney fees and required test fees thus far (more to come). No violations. Although, I have yet to complete my community service.
    When my probation is completed, it will be wiped from my record, but that means I still have 11 months to go.

    My mother and sisters are about to move to South Carolina.
    I have yet to be assigned a probation officer. So I know I have to contact their office. Although, the MIP laws are much more lenient in South Carolina than in Michigan. (If you get a Minor in Possession ticket, it's basically a 100-200$ fine and you have to take an alcohol class.)

    I'm curious, if they allow me to move will I get credit for time served or will I have to continue on this irritating and costly journey??

    Helpful thoughts?

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,202

    Default Re: Probation Transfer + Moving States

    Time served for what, exactly? IF they allow you to move out of state, the conditions of your probation will not change. You will still be on probation from a Michigan court, with the Michigan court's conditions, and subject to violation of those conditions from a Michigan court. IF Michigan allows you to move out of state, that does not mean that you will be then subject to SC's "much more lenient" consequences for MIP. You committed your violation in Michigan, not SC. The only difference would be that a SC PO would be supervising you (reporting any violations back to the Michigan court), not a Michigan one.

    But, don't hold your breath about being allowed to move out of state. You are 19, legally an adult, so the fact that your mom is no longer going to be around to support you is not going to carry much weight with either the court or the probation department. First, you will have to meet with your PO (who you haven't even met yet). Then you can request your probation be transferred to SC. IF your PO agrees that is in the STATE'S best interest (notice I did not say YOUR best interest), he/she can request SC accept your probation. IF SC decides they are willing to accept a Michigan violator in addition to the caseload they already have with their own violators, they will say so. IF SC agrees, your PO can then submit the request through the Michigan probation department bureaucracy. IF the Michigan bureaucracy agrees, THEN you will be transferred to a SC PO.

    That's a whole lot of IFs...and don't hold your breath. Because even IF it gets approved, it aint going to happen quick.

    Life is an "irritating and costly journey." Grow up and learn that your actions have consequences.

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,243

    Default Re: Probation Transfer and Moving States

    IF Michigan is willing to take your case into consideration, you are subject to SC's probation rules. Your order in MI is still the law, but you have to comply with the standards of probation for your offense as if it happened in Carolina. You are not guaranteed a transfer to SC. It is their discretion as to whether they'd want to accest Mi's request. You can't move until you are granted permission. If you are violated for failure to complete or to comply with community service hours, you won't even be considered for transfer eligibility.

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