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Probation transfer between states


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#1 wrightway

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Posted 16 December 2009 - 02:57 PM

My fiance was recently released from jail with a sentence of 5 years probation in St. Paul, Minnesota.  Before this incident occured he had planned to move to Washington, DC and we were planning to get married.  His probation officer is telling him that moving his probation to DC is impossible.  She told him DC had rejected the request but when my financee asked if she would give him the name and number of the parties we could contact in DC to plead our case she would not supply him with that information.  We don't believe there has even been time for them to contact to DC to put in an official request and have the feeling Minessota just doesn't want to let him move.  We're not sure why - you would think they would be happy to lessen their case load.  So my question is does any one have a suggestion about a strategy we might apply or if there is any sort of legal recourse,  We would appreciate any advice regarding this dilema.


Many thanks,


Linda


 



#2 GuessAgain

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Posted 16 December 2009 - 03:07 PM

You'll have to take your request to the judge but if probation objects, it won't happen.  In order for a transfer to occur, BOTH states have to go along.  If MN says no, it's no, regardless of whether DC says okay or not.


#3 redliam

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Posted 19 December 2009 - 04:41 AM

  Friend Linda, I personally have had my probation transferred among multiple states(kudos to TN. and OR. for being the most amicable), but from St. Paul to Washington DC is from state to Federal, since all crime in DC is Federal jurisdiction. First there is a gaggle of paper work for your respective probationer to send to your prospective probationer; and second at the state level probation generates a lot of revenue and if your fiancee is an upright kinda' guy, who isn't too much trouble and #most importantly# pays his fees in all great likelihood his probation officer never submitted the request.


  Now for the good news there are decisions in place in many districts, that support the constitutional phrase "life, liberty, and the pursuit of happiness.", and in your situation all I know to advise is to write a really well laid out proposal and submit it to the head of the probation department rather than your particular officer(but be careful of your language for fear of reprisal from your officer for going over her head); also if you want to do your own legal research the Americas Jurisprudence(Am Jur.) is a great place to start for "persuasion" arguments. Oh! West law puts out a little handbook called "Legal Research in a Nutshell" that can tell how to find practically everything legal. Lastly federal probation is much different I advise rather than trying to transfer you just try for early release.


  From one probationee with issues to another, best of luck to you on your marriage; redliam



#4 Tax_Counsel

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Posted 19 December 2009 - 08:54 AM

I suggest that you seek help from a criminal defense attorney in MN for help with this. MN is not obligated to approve the transfer to DC, and DC is not obligated to take him. I suggest starting in MN since the first hurdle is getting MN to agree to approve the transfer request.

It is not the case that all criminal matters in DC are federal. DC does have its own local government, local criminal laws, and corrections system. DC's parole/probation office has too many cases of its own to deal with. As a result, I suspect it will be extremely hard to get DC to agree to transferring in yet someone else that it must monitor.

Also, note that the phrase "life, liberty, and pursuit of happiness" is found in the Declaration of Independence, not the Constitution.





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