Asked 7/8/2016 – Austin, TX

I was charged with a felony about a year ago in the state I used to live. Since then I have moved to a different state and have been living and working here for a few months already. If the state I was charged in wants to put me on probation, but I’m already established elsewhere, how does the process work?

I’ve heard there is an interstate agreement that allows probation transfers, but I’ve heard that it’s not always a guaranteed thing. I don’t really see how they could force me to move back to a state where I have no work, especially if I am already on a lease elsewhere and have other obligations.

Answer

Jurisdiction of you case remains with the State where the offense was committed. Transfer of probation is permissible between states. Please remember that you knew you had felony charges pending before you moved to Texas. You had the option to remain in the state where your charges were pending until the case was finalized, but you chose not to. I strongly suggest you refrain from taking the attitude, “Judge, you CAN’T make me do this or that. I’ve moved away. I’ve got obligations and a new life!!” Your new life may include time in prison, so talk with your local attorney and see what can be done.