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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111654
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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When asking a state (NC) to accept a transfer of probation

Customer Question

When asking a state (NC) to accept a transfer of probation from FL, what department and locations of these departments in the receiving state are actually involved in the decision to accept what could be considered a "mandatory transfer" under the interstate
compact laws. What type of politics are involved in these decisions and how should these politics be considered when approaching with a transfer request?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This decision is solely with the NC Probation Department, which comes under the NC Department of Corrections (https://www.ncdps.gov/index2.cfm?a=000003,002144,001978,002150). The big issue they consider is manpower in the area where the probationer will be moving and that is the political issue, whether or not they have the manpower to supervise given the case load in the particular city that you would be seeking to move to. The issue that needs to be impressed on them is that the defendant is a low risk defendant of a fairly minor offense and supervision needs would be minimal based on the defendant's prior record or lack thereof. Generally, they avoid taking on high risk offenders because they do not want to agree to take on someone they will have to run behind constantly to make sure they are not violating probation.

Customer: replied 1 year ago.
Is there a conceivable way to ask the original judge to set aside the remaining probation? Even though there is still a large balance of restitution owed to an institution of 20k dollars with all payments up to date. This after 1 year was served incarcerated plus 7 months in patient treatment along with 2 years of community control and then 1 year completed of regular probation. Original charge-burgalry, no extensive record prior
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You can ask the court, but in FL this is not something that is commonly done especially where you have a large restitution balance due. You have some other mitigating factors here, such as abiding by probation and getting treatment, but it is not something the FL courts are inclined to do with this type of restitution being due still.