My friend's husband is currently in jail in Missouri. He was residing in Arkansas with his wife and step-children before being arrested. If he gets placed on probation will he be allowed to leave the state to his home? Is there anything we can do now to speed up the process if not?
2007-01-14 11:14:25 · 12 answers · asked by gothic_princess 2 in Politics & Government ➔ Law & Ethics
He will have to go to Court in Missouri if that is the state with jurisdiction over his offense. Once he is placed on probation, he will be assigned to a probation officer in that county in Missouri. When he meets with the probation officer, he will have the opportunity to apply for transfer to Arkansas under the "Interstate Compact" that covers transfers of probation from one state to another. All states are covered under the Interstate Compact.
There is an application form and a fee that will have to be submitted, but since he has immediate family (wife) in Arkansas, he should be automatically approved for transfer.
He needs to NOT leave Missouri until he gets permission of his assigned probation officer AND the Court.
Basically, until he gets placed on probation, there isn't much that can be done to speed up the process. The probation officer who completes the pre-sentence report, once he's convicted, will be the person to talk to first about transferring.
2007-01-14 11:40:31 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
If you are talking about violating your probation yes you are. Will you be arrested in Canada? Probably not. Probation is usually for lessor charges and they will not send the police to "Hunt" you down. They will however put a warrant out for you but will not usually get you until you are stopped by the police for one reason or another. This WILL happen eventually. If you are on probation for a serious offense they might.
2016-05-24 02:17:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Since he's not on probation yet (?), motion for a change of venue to Arkansas. If trial is done and everything but sentencing is complete, file a Motion For Special Probation Conditions - to reside in Arkansas - ie., house and family are there, job, friends, etc. You must ask the court (by motion) for what ever you want; if you don't ask you don't get - the worst they could say is no, but then you can always file a motion to reconsider - but you must ask. Go for it now!
2007-01-14 15:03:16 · answer #3 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
You would have to find out what the laws are in Missouri. If he was arrested in Arkansas though and that is his legal residence then they will have to process and move everything over there. The only way to speed it up is to go to court get a motion to modify and make it an emergency one that way it will go quicker
2007-01-14 12:07:11 · answer #4 · answered by vjswe1 2 · 0⤊ 0⤋
Probation can be transferred between jurisdictions given the approval of the court, the supervising probation and the recieving probation. This needs to be addressed before release.
2007-01-14 11:27:03 · answer #5 · answered by xtowgrunt 6 · 0⤊ 0⤋
Depends on the authorities in Missouri. He can ask permission from the Probation Dept. to move to Ark. and if yes, his probation will most likely be transferred to Ark.
2007-01-14 11:22:20 · answer #6 · answered by jack w 6 · 0⤊ 0⤋
These sorts of things happen all of the time. You will need to check with the authorities in Missouri to determine all of the options and the proper procedure.
Don't rely on anything you are told on here.
2007-01-14 11:20:06 · answer #7 · answered by C B 6 · 1⤊ 0⤋
No not unless it is a condition of his parole. A person on parole typically cannot cross state lines without breaking parole.
See an attorney and make sure you bring your check book and are ready for a long haul and of course the long haul is so the attorney can make the money they need to keep in their income brackets.
The attorneys are in this for profit don't forget!
2007-01-14 12:07:02 · answer #8 · answered by Crampy Grampy 4 · 0⤊ 0⤋
you cannot leave the state of where the probation is at,at least not without a judges permission and he would have to talk to him very good ,because if they grant him a pass to leave the state,it will probably be a one time deal,unless he specifies to the judge and gets permission,and co-operation from both states and their authorities
2007-01-14 11:20:36 · answer #9 · answered by stygianwolfe 7 · 0⤊ 0⤋
Contact your probation offic.
2007-01-14 11:23:27 · answer #10 · answered by Hawkeye77 2 · 0⤊ 0⤋