Maybe your partner or spouse has received a promotion but must relocate to accept.
You may also have found an area that provides you with a better cost of living.
However, if you are on probation, you may ask yourself can I move out of state while on probation?
If you move to another city or state, and your probation prohibits you from doing so, you could face serious consequences.
Contact an experienced criminal attorney today to review your probation terms and your legal options for moving while on probation.
What Is Probation?
Probation is a criminal sentence instead of incarceration. It involves the satisfaction of specific requirements for you to remain within your community.
Terms of probation may include substance abuse treatment, random drug tests, and completing therapy or counseling.
If you are planning a move, it’s important to first speak with your probation officer about your plans.
If you’ve been convicted of a crime, or entered a plea, a judge may sentence you to probation instead of a prison sentence.
It’s essential to satisfy all requirements of a probation sentence and any special conditions included with your probation sentence.
Most probation sentences have a particular set of terms and conditions about the convicted crime including living in a certain State.
Failure to complete any condition of your probation results in a revocation of your probation. If this happens, you may end up serving your original jail or prison sentence.
Can You Transfer Your Probation to Another City or State?
It is possible to apply for a transfer of your probation to another city or state. It’s important to speak with your probation officer regarding your plans to move.
Your probation officer may review the following points:
- Your reasons for moving;
- The conditions of your probation;
- The ability of the new county to accommodate the terms and conditions of your probation;
- Whether the move places you closer to a victim or makes it more difficult for law enforcement to enforce protective orders; and
- Your connections to the new location such as a job or family members.
After analyzing these issues, your probation officer may determine you have a good reason to move. The county of enforcement for your probation must approve your transfer request.
Additionally, the county you move to must accept your probation transfer.
The county you plan to move to will review your probation terms in determining whether to accept your transfer request. Acceptance depends on the completion of the terms and conditions of your probation.
What Is An Interstate Compact?
Nebraska enacted the Interstate Commission for Adult Offender Supervision (ICAOS) to control and supervise individuals subject to probation despite movements across state lines.
As provided above, successful transfer requires the cooperation of both states.
The following steps to complete an interstate compact include the following:
- Talk to your probation officer;
- If your probation officer approves your move, complete your ICAOS application;
- Wait for approval from the ICAOS office;
- If approved, transfer your application to the state you plan to move to;
- Wait until the state you plan to move to reviews your application;
- If approved, comply with the new state’s reporting instructions;
- Pay any fees; and
- Contact your new probation officer.
The process of applying for an ICAOS transfer is complicated and lengthy. Contact a criminal attorney to review your options.
Do You Need Legal Help?
Being subject to specific terms and conditions of probation can be a stressful experience. The addition of any plans to move or relocate can add to that stress.
You probably have many questions about whether you can move states while on probation.
If you are eligible for an ICAOS transfer, utilizing an experienced criminal attorney’s services ensures you won’t experience lengthy delays in your plans to move.
Attorney Tom Petersen of The Petersen Law Firm works one on one with clients to analyze the facts of each case and determine the best path forward.
We offer free, no-obligation consultations that are entirely confidential. Please contact our office to schedule your initial consultation and discuss the terms and conditions of your probation.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.