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frogpond1 09/16/2015

So it looks like sometime in November I'll plead out to my charges in the neighboring state. At first they said I would serve my probation there and live here but I guess they don't want me as they said when I plead they will transfer the probation to the state I live in.

Question is this; evidently I have to stay there while the paperwork is filed. I'm under their probation for that week but under probation I can't leave the state so how on earth does the transfer work if I can't leave?

And more weirdness... Probation limbo.... So the neighboring judge won't have any jurisdiction with restrictions here but the case wasn't from here so there won't be a judge here as well. So hopefully that first meeting with the po will be the best "job interview" I ever have and he/she doesn't throw the book at me.

frogpond1 09/17/2015

And for a reference and general knowledge for members here is the link for the interstate compact guide. Happy reading... Errr... Or not so happy reading...
http://www.interstatecompact.org/Legal/RulesStepbyStep.aspx

aladdin4d 09/17/2015

@Frogpond in practice he or she can by choosing to ignore certain conditions but this does put you in non-compliance. Most conditions will have a clause concerning PO permission like you may have a condition that says you can't have internet access but in the fine print it will also say something like "unless permission was previously granted by the supervising officer"

On top of that you should still have the right to petition the court to modify the conditions of probation as well if something unforeseen comes up. Of course that will take time and may not be granted but you do retain the right to ask.

Last but not least it'll be the judge's oral pronouncements that take precedence over any written order so if you have the means order a transcript of your sentencing hearing. Many times there will be conditions added to a written order that were never talked about in court or listed in a statute. When this happens it's a due process violation because you were not properly notified and given the opportunity to object in a timely fashion and the "extra" conditions must be struck from the order of probation.

frogpond1 09/17/2015

@aladdin But how often would this happen? My therapist who deals with po's on a daily basis says there are good ones out there who do use common sense and I'm only hearing the bad from the sour 15% who violate, don't try and don't try to communicate with their po. I only hope her experience is right.

FreeToBreathe 09/17/2015

My PO expects to have info Oct 7. I will ask him the procedure then. I do NOT want to travel north risking incarceration. I'm hoping my PO can facilitate it from here...

aladdin4d 09/17/2015

@Frogpond - Every PO I've had has conveniently ignored several FL conditions both to the good and the bad. The PO's have ignored or waived the more ridiculous FL conditions but at the same time I was promised certain concessions as a part of my plea that have never been honored. My guess is you can expect some differences especially over time.

When it comes to sentencing errors like conditions appearing out of thin air, well that happens a lot more often than you might think.

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