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  1. #1
    Join Date
    Jul 2013
    Posts
    11

    Default What are the Chances of a Probation Transfer

    My question involves criminal law for the state of: Colorado to Massachusetts

    This post relates to a discretionary transfer request under the Interstate Compact from CO to MA. If the defendant takes the plea offer (outlined below) and wants to transfer probation from CO to MA, what is your estimation of this transfer being approved? Here are the facts:

    Defendant Charge: 3rd degree assault, DV (no prior history at all, no narcotics or alcohol involved);
    Defendant plea offered by DA: Deferred Judgement with one year probation and DV classes

    Named victim (same sex married husband of defendant) has recanted and does not support the prosecution. The defendant would have housing in the receiving state (MA), the defendant would have guaranteed employment and support in the receiving state (MA), the defendant would be living with immediate family (husband) in receiving state, and the defendant would have already registered for DV classes in the receiving state (MA). The immediate family (named victim/husband) is not considered a "resident" (under Interstate Compact guidelines) in the receiving state because of a short term of residency (under six months).

    Additional information: Defendant would be rendered homeless if forced to stay in CO and does not have employment in CO.

    Considering this information, what is your best estimation of a discretionary transfer under the Interstate Compact being granted? Do you have any advice or ideas of how to strengthen a case for the defendant's proposed supervision to be transferred to MA?

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: What are the Chances of a Probation Transfer

    Considering the fact that his primary support is also his victim, quite slim.

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