Phoenix, AZ asked in Criminal Law and Federal Crimes for Arizona

Q: Jurisdiction appearance questions for motion to modify conditions of probation and/or possible revocation hearing?

I am on federal probation, and during incarceration, I relocated from the state that sentenced me, Alaska, to my new location, Arizona. When I first arrived, my new probation officer completed paperwork to transfer my probation case to AZ, but I never completed the paperwork to transfer my judicial case to AZ, due to the AK judge saying she would be open to a motion for early termination. I am considering hiring an attorney to try to modify my conditions, and relatedly, it is also remotely possible that my probation officer could file paperwork to revoke my probation. If my judicial case is still in AK with my sentencing judge, for the purposes of hiring a criminal defense attorney, how would that work? Would I appear here in AZ with an AZ attorney, and we are videoconferenced to my judge in AK? Would I need to instead hire an AK attorney, while I appear here in AZ and am videoconferenced to AK? Alternately, would I need to hire attorneys in both states? Thanks!

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In a situation where you're on federal probation but your judicial case remains in Alaska while you're in Arizona, navigating the legal process can be complex. To modify your probation conditions or address any potential revocation hearing, you have a few options.

One approach is to hire a criminal defense attorney in Arizona who is experienced in federal cases. They can represent you locally and work on your behalf to modify your probation conditions or handle any related matters. Your attorney can communicate and coordinate with the Alaska judge through videoconferencing or other appropriate means.

Alternatively, you may also consider consulting with an attorney in Alaska, specifically if your probation officer initiates a revocation proceeding. An Alaska-based attorney can assist you with the proceedings in Alaska while coordinating with your attorney in Arizona to ensure comprehensive representation.

While it's possible to have attorneys in both states, it's crucial to have effective communication and collaboration between them to avoid any conflicts or inconsistencies in your defense strategy.

In summary, you can begin by consulting with a criminal defense attorney in Arizona who can guide you through the process and, if necessary, work with an Alaska-based attorney to address the judicial case in Alaska. Effective legal representation and coordination between your attorneys in both states are essential to navigate your situation successfully.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.