There are many reasons to decide to move to another city or state. Maybe you’ve been hired for a new job. Your partner or spouse may have received a promotion but will have to move to accept. You may also have found an area that offers you a better cost of living.
However, once you are on parole, you may wonder if you can move. If you move to another city or state and your probation prohibits it, serious consequences could arise. Contact an experienced Defense attorney Today you are reviewing your probation and your legal options to move.
What is probation?
Probation is a criminal conviction rather than incarceration. It involves meeting specific requirements so that you can stay in your community. Probation requirements may include drug abuse treatment, random drug testing, and completing therapy or counseling.
When planning a move, it is important to speak to your probation officer about your plans first.
If you have been convicted of a crime or are making a plea, a judge can give you suspended instead of jail time. It is important to meet all suspended sentence requirements and any special conditions included in your suspended sentence.
Most suspended sentences contain certain conditions for the crime convicted, including living in a particular state. If you fail to meet any condition of your parole, your parole will be revoked. If so, you may be serving your original prison or prison sentence.
Can you transfer your probation to another city?
It is possible to request a transfer of your probation to another city or state. It is important to speak to your probation officer about your move plans. Your probation officer can check the following:
- Your reasons for moving;
- The terms of your probation;
- The ability of the new county to meet your probation requirements;
- Whether the move brings you closer to a victim or makes it difficult for law enforcement to enforce protection orders; and
- Your connections to the new location, e.g. B. A job or family members.
After analyzing these issues, your probation officer may determine that you have a good reason to move. The execution district for your parole must approve your referral request. In addition, the county you are moving to must accept your probation transfer.
The county you are planning to move to will review your probation to see if you can accept your referral request. Acceptance depends on the fulfillment of the conditions of your trial period.
What is an Interstate Compact?
Nebraska established the Interstate Commission for Adult Offender Supervision (ICAOS) to control and monitor individuals who are on probation despite moving across state lines. As provided above, a successful transfer requires the cooperation of both states.
The following steps to complete an Interstate Compact include:
- Talk to your probation officer.
- If your probation officer approves your move, complete your ICAOS application.
- Wait for approval from the ICAOS office.
- When this is approved, transfer your application to the state you want to move to.
- Wait for the status you want to move to review your application.
- If approved, follow the new state’s reporting instructions.
- Pay fees; and
- Contact your new probation officer.
The process of applying for an ICAOS transmission is complicated and lengthy. Contact a criminal defense lawyer to review your options.
Do you need legal help?
Being on suspended parole can be a stressful experience. Adding moving or moving plans can add to this stress. You likely have a lot of questions about whether you can move around during the trial period. If you are eligible for an ICAOS transfer, you may not experience lengthy delays in your relocation plans by using the services of an experienced criminal lawyer.
Attorney Tom Petersen from the law firm Petersen works one-to-one with clients to analyze the facts of each individual case and determine the best way forward. We offer free, non-binding consultations that are absolutely confidential. You’re welcome Contact our office to plan your initial consultation and discuss the terms of your parole.
Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD reviews thousands of lawyers and only selects those who have had excellent results in DUI defense cases. Attorney Petersen was named one of the Top 50 Nebraska Defense Lawyers by more than 5,000.
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