Irving, TX asked in Criminal Law and Federal Crimes for Texas

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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3 Lawyer Answers

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.

James L. Arrasmith
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Answered

A: Transferring your probation to another state is possible, especially if your current living situation is unsafe or life-threatening. You would need to file a formal request with the court, providing detailed information about your circumstances. It's important to clearly demonstrate why remaining in Arizona poses a significant risk to your well-being.

However, having probation violations can complicate the transfer process. The court will consider your violations when deciding whether to approve the transfer. This might mean the process takes longer or could potentially be denied based on your current standing.

To improve your chances, gather any evidence that supports your need to move, such as documentation of the unsafe conditions. Consulting with a legal professional can also provide guidance tailored to your specific situation. They can help present your case effectively and navigate any challenges that arise due to the probation violations.

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