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  1. #1
    Join Date
    Dec 2011
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    1

    Default Threatened With Interstate Compact Despite Sentencing Judge's Approval of Move

    My question involves criminal law for the state of: PA

    I had 2 DUI's which I did not fight (both in PA and both sentenced same time as within 6 wks of each other). That was July 19, 2011. I was unemployed at the time and indicated to the judge I had just accepted a position and was to be relocated by the company from PA to OH. She said to the court she applauded my new endeavor and to grant my moving to OH - that I would be contacted here in OH. The presiding judge made court record that all OK to move to OH.

    Then PA probation officer sent me letter to meet in adult probation and it was already passed the date once I received it since it was forwarded by the post office from my previous address in PA to my corporate apartment address in OH.

    I then typed up a succinct letter advising/informing him of presiding judge condoning on record my move to Ohio, etc. I asked to please forward my 'paperwork' to OH and provided both my current address and cell phone number.

    I received a voice mail from this PA probation officer and he said he did pull court records and did see order from judge in my case agreeing with my move to OH but that I still needed to get back to PA ASAP as I would be considered in OH illegally now! He said I still have paperwork to fill out and people to see. If I didn't, he threatened may be jail time for me - I 'may be' considered in violation of Interstate Compact Law.

    Obviously I am very, very concerned. At same time, I am at a new corporate postion where I do not have any time off until next year. I cannot afford to lose this position nor can I afford to even inform my new employment of such an ordeal. It is not their business. But how do I solve this? Do I need a lawyer to get this taken care of?

    Thank you for your time and consideration.

  2. #2

    Default Re: Threatened W/Interstate Compact Law Even Though Presiding Judge Condoned Moving

    I think if it was me I would make every possible effort to speak directly with the probation officer in PA so as to get a clear understanding of what is pending there.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Threatened With Interstate Compact Despite Sentencing Judge's Approval of Move

    If the issue is that you must appear in person to complete documents necessary to the transfer of your probation, then odds are you need to make a day trip back to Pennsylvania. Among possible approaches: You can explain your difficulty with timing to your probation officer, and see if he'll agree to your delaying your visit until January. You can consult a lawyer in Pennsylvania to try to intercede for you and to see if he can manage the necessary paperwork without your returning.

  4. #4
    Join Date
    May 2011
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    Illinois
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    1,376

    Default Re: Threatened With Interstate Compact Despite Sentencing Judge's Approval of Move

    The judge is your sentencing court can "ok" your move to another state. However, per the Interstate Compact, you must be accepted by the receiving state before you can legally relocate there. Your PO is right. Even after you complete the compact portion, you must receive permission from the receiving state in order to be there legally.

    You need to be more accomodating to your PO. You need to come back and fill out the Compact paperwork. Either the judge was not aware of this procedure, or he expected you to follow the guidelines of the probation dept. prior to leaving the state. If not, you will be violated for absconding (and that's despite your judge's approval.) You can be found guilty even if with your approval from the sentencing judge. Your receiving state will not assign you a probation officer. Any mandates that need to completed won't be accepted or will not be completed as you have not gone throught the proper steps for the referrals.

    Just go back and do it the right way. It's not a big deal. But you not going back will be a huge deal!

    Quote Quoting Mr. Knowitall
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    If the issue is that you must appear in person to complete documents necessary to the transfer of your probation, then odds are you need to make a day trip back to Pennsylvania. Among possible approaches: You can explain your difficulty with timing to your probation officer, and see if he'll agree to your delaying your visit until January. You can consult a lawyer in Pennsylvania to try to intercede for you and to see if he can manage the necessary paperwork without your returning.
    A lawyer will not be able to assist in the paperwork. A lot of it consists of fingerprinting and photos for the file. The fact that the case is already active is a problem for the defendant as well. Once your case is active, you usually have to get started with the conditions that may need to be met. Moving without consulting the probation department was a huge mistake. None if this is personal.

    One last note. It usually takes 30-45 days to get approval and a completed transfer done. Since you are working, there should be no problem. But YOU NEED TO GO BACK AND DO THIS! If you are respectful to your PO and the job thatthe department needs to do, they'll probably give you permission to report by mail until your packet is approved by the receiving state.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Threatened With Interstate Compact Despite Sentencing Judge's Approval of Move

    45 days? I've seen PA take as long as EIGHT months to do so.

  6. #6
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Threatened With Interstate Compact Despite Sentencing Judge's Approval of Move

    Wow! Really. Do you know what the hold up was?

  7. #7
    Join Date
    Sep 2010
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    19,901

    Default Re: Threatened With Interstate Compact Despite Sentencing Judge's Approval of Move

    Paperwork delays on the PA probation department's part.

    PA has to make the request. Then receiving department receives it, usually talks to the person involved, sets up how they want to handle it, back to PA to be approved and then back to the receiving state. In the case in question, it stuck around inside the sending probation department before the first step even occurred.

    Normally PA just tells you to phone in weekly (or just call them and let them know if anything changes: you get fired or you get arrested) while everything is pending and lets you go.
    It all depends on how tight a rein the PO thinks he needs to keep on you for that situation.

  8. #8
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Threatened With Interstate Compact Despite Sentencing Judge's Approval of Move

    Sucks to be that person. Wee usually get them out pretty quick. The paperwork, photo and fingerprint is usually the longest part.

    Offenders need to be nice to the PO. Demanding attitudes and privileged behavior can really tie up the bureaucratic process when it comes to the Compact.

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