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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27051
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I'm on a conditional discharge from the hospital if i move

Customer Question

hi I'm on a conditional discharge from the hospital if i move out of state to specificaly to new Hampshire would the case in texas close and would i have to meet with any doctors in new hamphshire or anything like that
JA: Since laws vary from place to place, what state is this in?
Customer: hi I'm in texas and i want to move north to new Hampshire I'm originaly from that state
JA: Have you talked to a laywer yet?
Customer: no however i was on a conditional discharge from the hospital in new Hampshire and when i moved here to texas the case closed
JA: Anything else you want the lawyer to know before I connect you?
Customer: nope
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 11 months ago.

What is the nature of your case in Texas? Were you court mandated to a hospital in New Hampshire? What do you mean by "I was on a conditional discharge from the hospital in New Hampshire?" And what does it have to do with your Texas case?

Customer: replied 11 months ago.
I was on a three year conditional discharge in nh and six months later I moved to texas the people in new Hampshire claimed my case would have to be continued in texas however the people in texas said no it woudnt as long as I didn't break any laws as far as I know if you monve from new Hampshire to texas the case automaticaly closes except I recencently broke the law in texas and was court ordered to toa hospital a few months ago I was in and out of there and I believe I'm on the lowest level of supervision but I want to move back to new Hampshire and I'm wonderin if the case would transfer I hope it dosent because I didn't need help I knew that in the first place and I don't want to have deal with goverment people in new Hampshire
Expert:  Zoey_ JD replied 11 months ago.

Sorry for the delay.

If I have got this right, you had two case. One is in New Hampshire, and it was a conditional discharge. You believe it may have been closed when you move to Texas.

Then you got a new case in Texas, where you are on supervision and want to know if the case would transfer.

First of all, you need to find our for sure if your case did close in New Hampshire, because in my experience when you leave the state permanently before your case is officially closed, what generally happens is that the court will issue a warrant for your arrest. If they have done that, you will not be safe from arrest in New Hampshire until you go back to court and deal with that warrant.

The way to do that would be to call the clerk of the court where your case was pending and ask him if your case is closed or if there is a warrant. He can look it up and tell you. If there's a warrant, it won't ever expire. It will stay out there against you until you or a New Hampshire lawyer on your behalf appears in court and stands before the judge ready to deal with your first case.

As for transferring your Texas supervision to New Hampshire, you would not want to do that if there's a warrant in New Hampshire. But do you have to report to a probation officer? Have you been told that you cannot leave the state without permission from your PO and the court?

Customer: replied 11 months ago.
I have not been told that I couldn't legally leave the state of texas but the people in the state in new Hampshire have my current address they knew I was moving to texas if in 2013 when I moved from new Hampshire to texas the case in new Hampshire continued only in new Hampshire only for 30 days
Expert:  Zoey_ JD replied 11 months ago.

Just make sure by calling the court clerk in New Hampshire that there's no warrant. It sounds to me as if there was none. But if Texas couldn't supervise your case the way New Hampshire thought they could, and if Texas notified New Hampshire to that effect, there could be one.

You're probably right and there won't be a warrant. In that case, you wouldn't be walking back into an arrest.

Are you on unsupervised probation (no officer you have to report to?) If so, and you don't have anything that says you can't leave the state, you'd be free to go to New Hampshire again. If there's a court date, however, you 'd be required to come to court on that date in Texas or a warrant will issue fo your arrest. Cases don't close just because you leave the state.

If you have a probation officer you must report to, you'd need him to put in the paperwork for a transfer so that you could complete your sentence in New Hampshire.

Expert:  Zoey_ JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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