Q: Can I force a transfer of probation from one state to another if my living arrangements are unsafe or life threatening?
My current living arrangements for my probation in Arizona have become life threatening. I need to transfer my probabtion to Texas but I have some probation violations and I worry that may lead to a denial of transfer.
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A:
The first problem you will have, is what you already pointed out. It is unwise to ask for, or demand a change in your Probation, when you have failed to fully comply with your terms of probation.
Nevertheless, if you can show PROOF, that your life or health is under a clear and present danger, and only a move away from the county, where you live will cure that problem, then you can file a motion to modify your probation conditions, returnable to your sentencing judge.
That Motion needs to lay-out all the dangers, witnesses of the danger, details of how and why you are in danger, and the objective solutions to your problems. If you can do all of that, and attach real proof of the same, you can get your probation moved. But not necessarily to Texas.
That would require additional filings, proof, and permission from Texas.
I hope this helps.
A: The answer previously provided is a good response and there is nothing more to add to it.
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