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  1. #1

    Default Transferring Probation to Another State Where Probation Violation Charges are Pending

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

    Friend has small children with man that was on felony probation in Texas. He got permission from his PO to work across the state line in Oklahoma. He later moved his family to Oklahoma, but did not get permission or even advise his PO that he was living in OK. Shortly afterward he was arrested for domestic violence in Oklahoma and given a deferred sentence with probation for 1 year. OK Judge was not informed of Texas probation. Two months later, Texas PO arrests him for probation violation and he spends 10 months in jail in Texas. While in jail in Texas, OK issues warrant and accelerates deferred judgment to be scheduled. He is now in a halfway house in Texas, but wants to move back to Oklahoma. He still has 1 year remaining on his Texas felony probation.

    We THINK he may have requested a transfer of his Texas probation to Oklahoma thinking that he could "kill two birds with one stone"....but it doesn't work that way, does it? The Texas PO was recently made aware of the OK warrant. Is he obligated under any intrastate pact to contact Oklahoma and allow them to arrest him, or would Texas want to keep him in Texas until he satisfies the remainder of his probation there first?

    I assumed that if he goes to OK, he'll be arrested and jailed until a hearing is scheduled to rule on his Domestic Violence charge.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Transferring Probation to Another State Where Probation Violation Charges are Pen

    No it doesn't work that way. Just asking for probation transfer means SQUAT. You're not supposed to move without permission. It takes a multi-way handshake between the probation departments in both states to accomplish the transfer. It can take a couple of months EVEN if it was approved.

    So, your husband violated his probation by committing more crimes, he absconded from probation, and apparently has been lying to both probation departments. Yeah, he's not likely to get much leniency.

    Alas, given the absurd behavior of the corrections system, while it isn't unlikely that he'll be placed into custody, it's possible he won't (at least not immediately).

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