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AttorneyTom, Lawyer
Category: Criminal Law
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My son has been on probation for the last several months for

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My son has been on probation for the last several months for driving on suspended liscence over the last several months, noise abatement, failing to report to the probation office once and violation of curfew once. He has been in DUbuque for the last five years, he was living in Chicago, Il. he has 2 children ages 5 yrs. my husband passed away in June this year. I need for him to come back home to help me as well bring his children. i know that he has outstanding fines and I be willing to help pay them off. the lease on his apartment is up and there is nothing he can do in Dubuque he has no job and can not get around to look for a job and a bad back ground. What can I do and what are his chances.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 6 years ago.

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To have probation transferred, a probationer must typically file a petition with the court requesting the transfer. Only a probationer or his attorney can do that. A family member cannot. Accordingly, an individual should typically retain an attorney to petition for a transfer of probation. Probation is more likely to be transferred when both probation offices agree and when there's a good reason for a transfer (such as family reasons, job reasons, etc.). However, there's no way to predict an individual's chances, though his attorney may be able to give him a rough idea as to what he might expect the results to be after a thorough evaluation.

Further, if an individual has fulfilled the majority of the terms of probation, he may file a petition to terminate probation early. A court also has the discretion to grant such a petition if the court sees fit. That will usually depend on the individual's conduct and the portion of probation he has already fulfilled.

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