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Zoey, JD
Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15099
Experience:  18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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My probation was transferred from Colorado to New Jersey.

Resolved Question:

My probation was transferred from Colorado to New Jersey. I received 2 tickets for Reckless driving and no insurance can probation in Colorado expedite me back to Colorado?
Submitted: 5 months ago.
Category: Criminal Law
Expert:  LawTalk replied 5 months ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What are you on probation for?
2. When was your probation transferred from CO to NJ?

Doug
Customer: replied 5 months ago.

1. 2 prior DUI's and a felony 3 in Colorado.


 


2. May 2013

Expert:  LawTalk replied 5 months ago.
Hi Carol,

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.



Doug
Expert:  Zoey, JD replied 5 months ago.

Hello,

My name is XXXXX XXXXX X am an experienced criminal lawyer.

If the offense for which you are on probation was a Colorado case, then Colorado is in charge of that case even if your supervision is currently in New Jersey. If your NJ probation officer lodges a violation, your hearing will be before the judge in Colorado. That is how our system works. That is, you must go back before the sentencing court.

So yes, if you are violated because of these new offenses, you can expect to be incarcerated on the VOP and be extradited to Colorado.

I am very sorry to be the bearer of bad news.

Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15099
Experience: 18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
Zoey, JD and 6 other Criminal Law Specialists are ready to help you
Customer: replied 5 months ago.

For Traffic tickets??

Expert:  Zoey, JD replied 5 months ago.
I know that NJ has no felony and misdemeanor designations. They just have indictable and non-indictable offenses. But reckless driving and driving without insurance are not mere traffic infractions but serious traffic offenses in New Jersey and misdemeanors elsewhere in the country.

I don't know whether NJ probation will violate you for these or not. If they don't then you will have nothing to worry about. If they lodge a violation, however, the hearing would be in Colorado.
Customer: replied 5 months ago.

Does double jeopardy imply to this?? New Jersey has no problem with the tickets.

Expert:  Zoey, JD replied 5 months ago.
This is not a double jeopardy issue.

As I have already said, if NJ probation isn't bothered by these citations, then nothing further will come of them. They would have to lodge a violation and inform Colorado for Colorado to know to get involved. If NJ sees this only as a traffic matter, they won't do so.

Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15099
Experience: 18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
Zoey, JD and 6 other Criminal Law Specialists are ready to help you

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