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Transfer of Probation Out of State

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  • 03-29-2010, 06:52 PM
    cmorin
    Transfer of Probation Out of State
    I was recently charged with a DUI in the state of MA. I hold/held a RI DL. I went to pre trial and received a continuance without finding (CWOF) which is similar to a no contest plea. As a condition, I have been placed on unsupervised probation for the length of 1 year. I've just started my probation and not even a month has passed yet. I was just offered an excellent job in another state. Before I accept the position, I know that I have to petition the judge to let me transfer my probation to that state. Because of the discussion I had with my PO about this, I have a good feeling that I would be allowed to go. However, I am hearing that the length of time for a motion to come in front of the court is quite long. Some people are saying it can be up to 4 months. So, obviously, if I accept the job, they're going to want me there before 4 months. Here's my question: I fully intend to keep up with the terms of my probation. However, what kind of fine line is it if I take the job and maintain my MA address? I mean, I would still have a residence in MA after all. I would just be spending 90% of my time in VA. If I needed to come back up for court or to see my PO I would. Then, when my transfer came through I would be able to provide my new employer information, residence, etc. I'm not trying to cheat the system, I'm just looking for some leeway.
  • 03-31-2010, 09:12 AM
    Mr. Knowitall
    Re: Transfer of Probation Out of State
    It's not a matter of a "fine" - it's a matter of it's being a probation violation. You could end up with a conviction and a more severe sentence following a conviction for a probation violation. I suggest discussing your options with a local criminal defense lawyer - a lawyer may be able, for example, to expedite the hearing with the court.
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