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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23178
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am on felony probation in PA and tried to get it moved to

Customer Question

I am on felony probation in PA and tried to get it moved to Hi. They screwed me around. I moved and talked to my probation officer and he said they will put out a warrant. I don't want to go back there and get it moved here. Can I do that? Will they extradite me from Hawaii?
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.


I would love to tell you what you want to hear but unfortunately the Interstate Compact -- the agreement that regulates the transfer of probationers and parolees from one state to another -- makes the eligibility rules clear for such a transfer.

Along with being in compliance with all of the requirements of your probation, which you no longer are, and having no outstanding obligations or payments, you would need to have a valid plan for supervision in Hawaii: family, a place to stay, and a job there which would provide you with a lawful means of support in the new state.

You cannot move to Hawaii to look for a job. You must have it before you can transfer. With all of the above, you can ask your PO to fill out the paperwork for a mandatory transfer and.the PO will have to get this started for you. Until such time as a transfer is approved you must stay in Pennsylvania. Once Hawaii gets your application, it has an opportunity (45 days) to check out that your plan is valid. At that point, if they have the staff to be able to supervise you, they can't turn you down.

You are not going to be able to stay in Hawaii and have a lawyer transfer your probation for you. You'll have to return, get the warrant lifted and then, assuming that he can get you restored to probation, use normal channels to get your transfer.

Budget permitting, you can expect Pennsylvania to extradite you on a violation of felony probation, even from Hawaii. There's no outrunning or outwaiting the warrant. It will be out against you for the rest of your life unless/until you return to Pennsylvania and resolve the warrant and the violation. The sooner you do that, the more likely a successful outcome.