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Ok my fiancee wanted to move to Colorado to better his life…

Customer Question
Ok my fiancee wanted...

Ok my fiancee wanted to move to Colorado to better his life and start his probation he wasn't running but was realizing he didn't have support and came to Colorado and got a job a place met me and was going start everything and he got pulled over and sent to jail here I'm Colorado and then he got extradited to Texas how long could he get by not totally running but trying to better his life

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

He went to texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No I haven't

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Didn't know this was anothwr charge and he was trying to get out of a bad situation

Submitted: 11 months ago.Category: Criminal Law
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Answered in 5 minutes by:
9/19/2017
Criminal Lawyer: Nisha Jones,
 replied 11 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 11 months ago

Good morning, I'm sorry for the delay from last night.

What was your fiance's original charge that he's on probation for?

I can't guarantee what kind of penalty the judge and prosecutor are going to be seeking, but I can let you know that it is not good he left the state and moved to another while on probation -- now he will be viewed as a flight risk and could be facing some harsh penalties.

The proper procedure for moving to another state is to ask for a probation transfer and get approval first before moving. The court can often be understanding to someone in his position, that it's better to move somewhere else, away from the old crowd, or for better work or education opportunities, or to somewhere with more family or social support.

However since he didn't get approval first, it doesn't look good to the court and he's in violation of his probation.

Anytime someone violates probation, there is a probation violation hearing (PVH) at which time the judge determines (1.) whether a violation did in fact occur, and (2.) what the penalty should be.

In his case it will be fairly easy for the prosecution to prove the violation occurred since he was found out of state and extradited back.

The penalty -- when someone violates probation, they are at risk of facing the maximum possible sentence for the original underlying offense.

That means his exposure is whatever the maximum sentence was for the charge for which he's on probation.

That being said, that would be a harsh sentence, he really needs an attorney to represent him at the PVH and try to obtain the lightest possible sentence for him.

An attorney would be able to help explain his side of the case, and that he was out of state seeking a better life.

Hopefully the judge will be lenient, but it's important to have an attorney represent him and present his case in the most persuasive manner possible.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Criminal Lawyer: Nisha Jones,
 replied 11 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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