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my wife is on probation and orderered to pay restitution and

 
 
 

Customer Question

my wife is on probation and orderered to pay restitution and court cost well she is do to be off probation in three months and she hasnt paid off her fines or restitution its down from five thousand two three thousand and she has noone she can get the money from she had her probation transfered to indiana from mississippi i am trying to get her to transfer back and she says she wants to come back but her probation officers wont let her untill she pays off the fines and all but if it keeps going for her like it has she wont have the money paid off by the time she is supposed to be off probation i guess my question is can her po keep her in indiana the crime was committed in mississippi and that is where we want to get her back to that way if they do violate her probation she wont also owe exridition fees ther is a restitution center here in ms that i think we can get her into to pay off the fines by the time she is suposed to get off probation its just getting her here any helpthankyou

Submitted: 1010 days and 12 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Indiana

Already Tried:
talking to po

 
 
 
 
 
 
Posted by psimmons 1010 days and 12 hours ago.

Expert's Answer

Thanks

If probation was transferred, it must be approved before it can be transferred again.

The process to transfer probation is via the interstate compact on transfer of prisoners/probation. There is a process that must be completed prior to a probationer being transferred from one state to another. I assume she has been through this before. If she want to change states, she will need to go through the process again. There is not a way around...once transfer is complete, the new jurisdiction has authority over the case...so she will need to get the new state (IN) will have agree, as will the old on (MS).

If both agree she can transfer back...but if IN will not agree, she will not be able to transfer. Sorry to bear bad news...but once she transferred to IN, they gained control over the case.


     
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

 
 
 
 
 
 
1010 days and 12 hours ago.

Customer Reply

if she is violated who violates her in or ms and where does she do her time

 
 
 
 
 
 
Posted by psimmons 1010 days and 12 hours ago.

Expert's Answer

If violated, since this is now in IN, they will retain jurisdiction. SO she would do time in IN

 
 
 
 
 
 
1010 days and 12 hours ago.

Customer Reply

okay now if she doesnt violate in in can mississippi violate her for not paying the court cost or fines levied in ms she has been paying to court in ms and im concerned that ms will violate her because she hasnt paid off fine and court cost by time she is suppossed to be off probation?

 
 
 
 
 
 
Posted by psimmons 1010 days and 12 hours ago.

Expert's Answer

She is responsible for the fines/restitution/etc. If she does not meet the deadline, MS could violate her. This is certainly possible. But to "violate" her, they are required to give her a hearing so she can give her side of the facts. She should work with her current PO, since if she has a decent relationship with this PO, it may be they can delay or prevent the hearing...the court will want to know from the PO has she is/has been doing.

Your right, there is a concern if she does not comply with the court order, she can be hauled back to court and sent to jail...so she should work with her PO to see what steps she can take to prevent this...if she needs to get back to MS to make the money, that should be the focus with her PO

 
 
 
 
 
 
1010 days and 12 hours ago.

Customer Reply

ok so if ms is the one to violate her where does she go to jail at in or ms

 
 
 
 
 
 

Accepted Answer

IF MS "violates" her...if they haul her into court to have her answer for not paying the fines/restitution/etc. , then she would serve her time in MS



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Expert: psimmons
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Accepts: 4455
Answered: 8/17/2009

Attorney

Law Degree, 12 Years of trial experience

 
 
 

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