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Nate
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Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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I am on courtesy supervision in the state of Wyoming from a

Customer Question

I am on courtesy supervision in the state of Wyoming from a case stemming from Kentucky. I have completed 14 months of a 3 year deferred sentence without any violations. On August 5th of this year my sentencing judge in Kentucky signed off on the motion my lawyer filed that would move me from active to inactive probation. My question is, can interstate compact deny the judge's order? 3 weeks have passed and I haven't heard from my probation officer...
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nate replied 1 year ago.
My name is Nate. I have been a licensed attorney for over ten years and will be assisting you today.

No, the local probation officer operating under the interstate compact cannot deny the order of the Kentucky judge. He is simply an agent of your probation in Kentucky. As the Kentucky court has modified the terms of your probation, the modification will be honored by the probation officer in Wyoming.

It does sometimes take longer than expected in interstate situations. Contact your probation officer in Wyoming again in another week or so and check on the status. They will certainly be pleased to receive the authorization to put you on unsupervised probation - that'd mean one less probationer they have to worry about on their rolls.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 1 year ago.


Thank you for your quick response Nate. I'm not concerned about my probation officer because my lawyer had him write her an email stating I had followed all the rules while being supervised and he was more than willing. My concern was more towards interstate compact. I didn't know if they could reject the court order.


On August 5th, after I was made aware of the modification, I called the probation office and was talking to the secretary if she had received a fax from the state of Kentucky that modified my probation, and she made a remark of "I don't want to get your hopes up", referring to the modification of my probation.

Expert:  Nate replied 1 year ago.
Typically the interstate compact just relays modifications. It's a mechanism, not a deciding agent of government.

If anything, you just have your probation transferred back to Kentucky. It's unsupervised. As long as you stay out of trouble it doesn't really matter where it is located.
Customer: replied 1 year ago.


Well that clears up a lot, as far as inactive probation (unsupervised), I can move and work anywhere I desire? Do I have to report to the state I reside in? For example, if I get a job in North Dakota in the oil fields and work 2 weeks and get off 2 weeks and I reside in Oregon, do I have to contact the state of Oregon since I reside there, so if they need to give me a UA I can report to an office?

Expert:  Nate replied 1 year ago.
Unsupervised means just that. No supervision. The only requirement is no new arrests or convictions. There is no one to report to, no fees to pay, and no other requirements.
Expert:  Nate replied 1 year ago.
I just wanted to make sure my last response went through. Here it is again in case you didn't get a chance to read it:

Unsupervised means just that. No supervision. The only requirement is no new arrests or convictions. There is no one to report to, no fees to pay, and no other requirements.

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