My fiance' needs to get off probation?

Question

He was put on probation about a year and half ago for personal reasons. He has paid off his restitution and now is only needing to make the monthly payments for being on probation. However we aren't sure if he will be approved to get off probation. Originally the judge said he could get off after paying restitution after we did that we found out that wasn't true he had to be on it for at least a year..well a year is coming up and we want to move but because of the probation there are complications. Will he be approved to get off? He hasn't done anything wrong since, and this was his first offense when he got of probation. Help.

Answer 1

First there is the issue of probation status, is it formal or informal?  If it is informal then he will probably be allowed off of probation.  If it is formal, then the PO gets to submit a report and the judge has to make a determination based on that report.  Also, if it is informal, then your move should not be stopped, all he has to do is NOT get into trouble at the new address...BUT YOU SHOULD GET AN ATTY'S OPINION ON THIS FIRST (see below).

If the judge said on the record that your fiance' could be off probation after paying restitution, then the court will honor the statement.  He needs to request a hearing to change his probation status, then tell the judge at that hearing what you have said here, about paying restitution.  There may need to be a second hearing for the court to review the transcript, and to give the prosecution time to run a background check to make sure that your bf has not violated.  

In the meantime, you should also contact the public defender's office and let them know what is going on...they usually have an atty who is assigned to these kinds of cases.  They can make a determination about whether or not you can move with/without a hearing.

good luck

Answer 2

Under certain circumstances someone can move, they need to notify there probation officer and have his case transferred to the new state he wishes to move to. But it has to be asked for and approved in advance.They might would ask that he report to the new probation office within 48 hours of moving.Then sometimes he might be refused ,because if the seriousness of his crime.

Answer 3

It depends how long the period of probation is for - it should be on the original sentencing decision by the Judge.

If it's longer, then thats the way it is.

Answer 4

Nobody is on probation for personal reasons, no one agrees to be placed on probation because they are depressed, you are placed on probation for a crime.

Anyway, he wants to get off of probation, the judge has to make that decision.  The PO can file a request, or your fiance can pursue one himself, but he may have to hire an attorney to do so.

However, there is a process called Interstate Compact which allows individuals on probation to move out of state.  Essentially, through Interstate Compact, your state will transfer his probation to another state.  This process is normally used for people who are from one state and get in trouble in another state.

For example, Tom lives in Kansas, but is arrested and placed on probation in Arizona.  Through Interstate Compact his probation will be transferred from Arizona to Kansas.

However, this process can take upwards of 6 months and is no guarantee of acceptance, especially in situations where it is voluntary move.  As the receiving state can still deny him.