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Out of State Probation Monitoring rejected

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  • 01-06-2007, 02:25 AM
    chuchin
    Out of State Probation Monitoring rejected
    My son (not a juvenile) accepted a plea deal in NJ (though we felt he had no choice) for a non meagan's law offense..Title 9 in NJ. He was given a small fine and a 2 year probation with possible termination after 1 year. He was living, working and having a support network (family, friends and medical help) in FL for a year, at the time of sentencing and was told by his lawyer that transferring his probation to FL wouldn't be a problem. He had never had a legal issue before this and had many letters of commendation to show that he was not a threat to society. After 3 months of reporting in FL, NJ was notified that FL rejected his probation monitoring unless he registers as a sex offender, even though NJ clearly stated that this was not the case. Of course, he won't register. He was arrested and indicted on trumped up charges, some of which, had been dropped and the last amended. It never should have reached the "plea bargain" stage. Somewhere, someone dropped the ball prior to the PTI (which he was notified that he was to have and then it was cancelled).Unfortunately, Florida looks at the original charges and not the sentencing outcome.
    He is now being told that he must return to NJ to complete his probation. He will be jobless and homeless if this occurs. We have asked our lawyer about a mail in or phone in probation (he may have only 9 months left) so he can remain in FL or have him fly up to NJ to report. So far, we have not gotten a response and time is of the essence. Does he have any recourse? Any suggestions? This case (which never should have been a case) has been dragging on for over a year.
    Thank you for your time.
  • 01-06-2007, 04:57 AM
    Mr. Knowitall
    Re: Out of State Probation Monitoring rejected
    If he doesn't want to accept Florida's terms for the transfer of his case, that's his choice and he has to live with it.
  • 01-06-2007, 01:47 PM
    chuchin
    Re: Out of State Probation Monitoring rejected
    Florida monitored him for 3 months before any decision was made and he had been living down here at the advice of his lawyer who said transfer wouldn't be an issue. If we had known of these problems, he would have gotten employment in NJ prior to sentencing and an apartment, both of which will be difficult to get now. He is living with us, has a good job and probably will be finished with his probation by October. Florida's choice would ruin him for life, and for no crime being committed, that's alot to ask. This is how some people become homeless, when they were decent human beings.
  • 01-06-2007, 07:48 PM
    Mr. Knowitall
    Re: Out of State Probation Monitoring rejected
    He entered a guilty plea to a crime, so he was convicted. His choice.

    Florida apparently classifies his offense as one requiring registration as a sex offender. If he wants to live in Florida, he has to live by that state's rules.
  • 01-06-2007, 08:19 PM
    chuchin
    Re: Out of State Probation Monitoring rejected
    Interestingly enough, the sentencing information stressed that this was not a Megan's law offense, but it seems that the folks in FL don't understand the statute and the nature of the offense. Everything is a cookie cutter decision.
    Our son had no choice but accept a plea, as we were told the present "climate" and shows like Dateline are creating a hysteria that makes everyone think there is a predator under every rock. The judge gave our son a minimum fine and a 2 year probation with termination after 1 year likely. This was case of poor judgement, but no crime was committed, and the conviction is the result of dealing with a political football.
  • 01-20-2007, 09:09 PM
    chuchin
    Re: Out of State Probation Monitoring rejected
    New question, now that he has rejected the registration as a sex offender in Florida, and has moved back to NJ, where he isn't considered a sex offender,would he be allowed to move back to Florida after his probation is over? He never truly was under Florida's probation, no fines were paid to them but were paid to NJ during the 3 months he was reporting to FL. They, technically were babysitting for NJ. What might be the restrictions put on him after his probation, if he wants to return to FL, if any. Would there be any problem with his visiting us down in FL while on probation if he gets permission from his NJ PO?
  • 01-21-2007, 02:00 PM
    Mr. Knowitall
    Re: Out of State Probation Monitoring rejected
    If his conviction would require him to register under Florida's laws, Florida will expect him to register.
  • 01-21-2007, 06:46 PM
    chuchin
    Re: Out of State Probation Monitoring rejected
    So what you are saying is that even though he is not under Florida's jurisdiction and his probation could be done in 8 months, he will never be allowed to be in Florida as a free man? His sentencing took place in NJ under NJ law. If he hadn't tried to transfer to Florida, they wouldn't have known he existed.
  • 01-22-2007, 05:16 AM
    Mr. Knowitall
    Re: Out of State Probation Monitoring rejected
    If he wants to live in Florida, he has to abide by Florida law.

    Why is that so difficult for you to accept?
  • 01-22-2007, 03:04 PM
    chuchin
    Re: Out of State Probation Monitoring rejected
    It is not difficult to accept, it's difficult to understand the logic behind it. NJ keeps telling us that when he is finished with his probation, he can go anywhere without a problem..we were told that before he moved to the sunshine state as well. The NJ PO again today said the same thing. His transfer of probation was supposed to be problem free. I would think that there was some kind of reciprocal practice between the states.
  • 01-22-2007, 03:11 PM
    seniorjudge
    Re: Out of State Probation Monitoring rejected
    Quote:

    Quoting chuchin
    View Post
    It is not difficult to accept, it's difficult to understand the logic behind it. NJ keeps telling us that when he is finished with his probation, he can go anywhere without a problem..we were told that before he moved to the sunshine state as well. The NJ PO again today said the same thing. His transfer of probation was supposed to be problem free. I would think that there was some kind of reciprocal practice between the states.

    You are making something hard that is easy.

    If he is in Florida, he has to follow Florida law.

    Period.

    End of story.

    Even if.
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