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Criminal Attorney
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Category: Criminal Law
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Experience:  Practicing Attorney with experience in criminal law
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I received a felony dui charge in anchorage,ak nov 06.I am

Resolved Question:

I received a felony dui charge in anchorage,ak nov 06.I am 2.5yrs into
a 5year probation.I work 6 months on 6months off.For my type of work I
must go out of state during winter months but am having difficulties
with probation officer.I have been sober for 2.5 years I have completely
turned my life around and would like to work more than 6mnths what can
I do

thanks craig
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Criminal Attorney replied 7 years ago.

Good Morning,


Thanks for choosing Just Answer.


Where would you most likely work during the winter months?


In my experience, a lot of states will accept and help monitor your probation while you are in their state. I have not seen it done on a six months on, six months off scenario, but most states will accept a transfer of probation. You would have to pay the probation fees in the new state, but other than that it is pretty simple. I would ask your probation officer of the likelihood of allowing you to report to a probation officer in a different state while you are there working. That might be one solution.


Another solution may be to simply file a motion with the court where you were sentenced, asking either for an early release from probation, or for the ability to work out of state for a portion of the year. If you explained your circumstances and the economic hardship that is placed on you because of your inability to travel out of state, the judge may grant you permission to leave the state, or may allow your probation to terminate early. If you have truly honored the terms of your probation, and have turned your life around, I see no reason why a judge would not consider your motion. If you are having a hard time getting any help from an attorney, you could file the motion pro se (meaning without an attorney) and just lay out your case in a very simple and straight forward way. The worst thing a judge could say is no. Also it may be worth trying to speak with your probation officer's supervisor. I have found in my practice, that if you make enough noise, someone will eventually listen. If you have truly honored the terms of your probation, I would guess that if you asked them enough, someone will start to listen.


Unfortunately, you will need the permission of the court or your probation officer to leave the state--do not do it otherwise or you will be in violation of your probation. Outside of the above listed remedies there is not too much you can do, but continue to ask the court and your probation officer for permission to leave the state.


I hope this information has been helpful. If you need further information, please let me know.


Thanks and good luck!

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