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Lawyer's Assistant: In what state did this occur?

North Carolina. One of the conditions of my girlfriend's probation is keeping employment. She had a job with a s***** company in North Carolina and while she has been sick with strep throat, the company folded and disappeared and she was not even paid for what she worked. Another Condit is keeping a place to stay. Also in jeopardy. So I'm wondering if she could transfer her probation here to South nCarolina and try to get work and transportation mto work here. She also has a suspended license so has difficulty enough getting a job in the depressed narea she lives in.

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

No. Can't afford. And this just happened yesterday

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

I can't think of anything.

Submitted: 7 months ago.Category: Criminal Law
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Answered in 1 minute by:
11/11/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,961
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

A probationer has to be in good compliance with probation to transfer his or her probation to another state and owe no fees or fines. The easiest way to transfer probation to another state would be to seek a mandatory transfer via the Interstate Compact. That's the agreement which regulates and provides for the transfer of probationers and parolees from one state to another.

The probationer would need to have a valid plan for supervision in Sout Carolia: family and a place to stay in the receiving state, and a job which would provide her with a lawful means of support. Once she has this, she can ask her PO to fill out the paperwork for a mandatory transfer and the PO will have to get this started for her. She cannot move there first to look for a job and obtain the formal transfer later. Until her transfer is approved she would have to remain in North Caroliina.

On the receiving end however, once South Carolina gets her application, it has an opportunity (45 days) to check out that her plan is valid. Unless they disapprove of the plan, they cannot deny her the transfer. You can find the information about the Interstate Compact here by looking at the attached file. The transfer rules and regs begin on page 23.

Alternatively, she can ask her probation officer about the transfer and, if denied, can get her lawyer back before the judge to see if he will order probation to put through the transfer and let her move out of state. The mandatory transfer is typically easier to obtain.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 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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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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