QUESTION

My wife is currently on federal probation. I have been offered and accepted a job in another state. Can she move to another state if the probation officer agrees?

Asked on Feb 03rd, 2006 on Criminal Law - Florida
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My wife is currently on federal probation. I have been offered and accepted a job in another state. Can she move to another state if the probation officer agrees?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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In order to move to another state while on federal probation, usually you must apply to the Court for permission. This is not an uncommon request, and provided there is a valid reason, such as a change in employment which requires relocation, your request probably will be accommodated. While the Court will ask the probation officer for his or her opinion, the final decision is up to the Judge. Before your wife can make the move, arrangements first will have to be made with the probation department in the federal district in which your new residence is located. You should be prepared to present documentation confirming the details of your new job. If your wife has been on probation for a few years, you might ask the probation officer for his or her opinion about a request to terminate her probation early. If he or she believes that this is appropriate, and the court agrees, your wife wouldn't have to worry about a transfer. The best way to accomplish either a move or an early termination of probation is for you to retain an attorney who is experienced in federal criminal defense in the district where your wife is on probation. He or she can file the motion with the court that sentenced your wife, seeking permission either to transfer her probation or terminate it early. If you cannot afford an attorney, you should ask your probation officer if he or she can assist you in filing either motion yourself.
Answered on Feb 03rd, 2006 at 12:08 AM

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