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  1. #1

    Question Odds of Extradition After Violating Felony Probation

    My question involves criminal law for the state of: Florida and Oklahoma

    Ok I have a rather complex situation erupting I currently reside in Florida, I am on felony probation for a class 3 felony charge of uttering a forged instrument, I plead no contest and received 5 yrs probation (my first offense) since then I have had a child (single parent) and lost my mother to terminal illness, now my step father has had medical issues arise and besides my daughter he is my only living relative. I have 6 months of probation left my restitution is paid but I am behind on my supervising fees and court costs because of this I don't think that they will transfer my probation to Oklahoma. what are my options here, and if I do leave without permission to return to Oklahoma what is the likelihood of extradition back to Florida, as stated previously I am a single parent of a very young child with no living relatives besides her and my step father so going to prison is not an option but him dying alone isn't either. Please any and ALL advice you can give me is so GREATLY appreciated.

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Odds of Extradition After Violating Felony Probation

    Your best option would be to ask your probation officer and file a motion with the court. The motion should explain what you are asking the court to do and why. Only obtaining the permission of the court will ensure that you will not get your probation violated while leaving the state.

  3. #3

    Default Re: Odds of Extradition After Violating Felony Probation

    Thank you for your quick response, what motion would I file with the courts and can they deny a transfer given the circumstances?

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Odds of Extradition After Violating Felony Probation

    You don't want to have a Florida warrant, regardless of them extraditing you from OK or not. You could get stopped and held in jail at any time, your kid would go into state custody, and even if they don't extradite, you will still be sitting in jail for a few days to a few weeks and have to deal with the other things on both ends.

    You should check around. There are free legal programs for single mothers and other classifications you might fall into. Try Legal AID too. There are lots of women's organizations, shelters, etch that have attorney's on the staff or members of the board that do free work. You should be able to get something done with your probation that will make everyone reasonably happy.

  5. #5
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Odds of Extradition After Violating Felony Probation

    You would want a motion requesting permission to travel to the State of Oklahoma due to a family emergency and submit an order for the judge to sign, granting or denying the motion. Whether or not the judge will grant the order depends on how you have done on probation. A favorable report from the probation officer doesn't hurt either.

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