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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 112649
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I asked a few weeks ago about transferring circuit probation

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I asked a few weeks ago about transferring circuit probation to another county. Jacob has since been released from incarceration and requested the transfer. His PO in the current county explains that he can only have supervision in the other county...not a "Transfer" and he will still have to come to the current county to report, which is 3 hours away, with no drivers licence. What I understood from your answer before was that if the PO wouldn't approve the "transfer" he could motion the court. Is there a difference between another county monitoring your probation and actually transfering your probation severing all ties from the former county?

Thank you in advance for your help
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

It is up to the PO to agree to there being any transfer and if they refuse, you can appeal that to the court. If the PO shows up to court and objects, they will still many times make him report in the county. However, with the exigent circumstances of him not having transportation and there being a 3 hour trip, he has a valid argument for the court to order the actual transfer. Remember though, all of this is discretionary to the courts and probation/parole and there is no actual right to a transfer.
This is not a standard type of motion that they have preprinted forms for, these are non-standard motions that are drafted from scratch asking the court to grant the request.

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