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My daughter was sentenced to probation for disorderly conduct in wisconsin. She has been a michigan resident for 3 months now and her po wont transfer. is this legal? she was just sentenced to probation last week and already in jail for a probation hold for refusing to move to wisconsin can they do this?

Submitted: 32 days and 22 hours ago.
Category: Legal
Value: $38
Status: AWAITING CUSTOMER ACTION
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State/Country relating to Question: Wisconsin

Already Tried:
tried getting probation transfered

Posted by Mary Meaden Esq 32 days and 22 hours ago.

Info Request

Hello. Why did she move to Michigan?

32 days and 22 hours ago.

Reply

She moved to Michigan because she had no home in wisconsin, was in past abusive relationships, and parents live in michigan.

Answer

Okay. Just so long as there is a valid reason for her to move to Michigan (family, parents, a good job), then I cannot understand why the po will not transfer this probation (perhaps the po is on a power trip -- who knows?). Your daughter will have to bring a motion in front of the criminal court judge in Wisconsin and request a court order permitting her probation to be transferred to Michigan. She should contact the clerk of courts office in the criminal court in Wisconsin where she was sentenced and ask the clerk's office if they have forms to file a motion for this OR can they direct her to a legal aid or low cost attorney that will help her out with filing this motion for little or no money. If there was a court appointed atty or other atty before she was sentenced involved in her case, she may want to consult with that atty to get this back in front of the judge. If I were her, I wouldn't even tell the po that she filed the motion unless she has to tell her that -- the court will notify the po of the motion. That way, the po is caught off-guard and must go in front of the judge and justify why he won't let this girl go to be near her parents. Unless she has a long criminal record in Wisconsin, then I cannot see any reason why the judge would not grant this change in po's. If it gets ugly, the atty may have to appeal it up a level, but eventually, so long as the facts are as you state they are, she should be permitted to be monitored by a po in Michigan. GOOD LUCK. Please press the GREEN ACCEPT BUTTON so I will receive credit for my time. THANK YOU!

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Expert: Mary Meaden Esq
Pos. Feedback: 99.6 %
Accepts: 
Answered: 10/21/2009

Attorney

12 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law

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