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My future daughter in law was given 18 months probation in…

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My future daughter in...

My future daughter in law was given 18 months probation in the 10th judicial circuit back in September 2017, The judge recommended for her probation be transferred to the state of Tennessee. She was assigned a probation officer and he did not do the paperwork for the interstate transfer before he left his assignment as her probation officer. Now she has a new probation officer and he is threatening to violate her because due to her disabilities and being indigent she was unable to complete the evaluation form of pay the $37.50. The state of Tennessee has already stated they will except her probation once they receive the application but her probation officer will not comply with the judges recommendation to process the transfer request.

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

Polk County Florida

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

She has talked to her state appointed attorney and he says the probation officer does not have to transfer her. She is trying to get away from all the things and people that got her into trouble and to start a new life.

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

She has tried to contact his supervisor but they will not return her calls and the probation officer will not even let her explain anything just tell her to shut up and threatens to violate her.

Submitted: 8 months ago.Category: Criminal Law
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Answered in 5 minutes by:
11/21/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,415
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 8 months ago

One requirement before someone can be transferred is that all fees and fines be paid in full. Unless your future daughter-in-law's lawyer can get the case back before the judge and get the filing fee waived on the grounds of indigency and/or to order probation to process her application, her probation officer does have to begin the process on her end.

The judge has the power to overrule probation, but she'll need her lawyer to get the matter back before him or her before she'll be heard on this matter.

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Customer reply replied 8 months ago
Helped some but does not help her because of the time process before the Probation officer violates her for no reason.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

The probation officer cannot violate her for no reason. There must be a reason and if she is violated, she's entitled to see the specifications of the violation. Additionally, she's entitled to have a hearing on the violation.

A violation doesn't even mean that she'll be dropped from probation and end up serving a sentence. The judge can restore her to probation, even if probation didn't want her.

I understand that she is counting on being able to transfer. But rather than fighting with her probation officer and probation officer's supervisor, she can accomplish more by getting her lawyer to get back in the picture and get a ruling from the judge.

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