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I have a question about what happens if i move out of state while being on probation for a DUI?
Anonymous5 views6 answers
I am currently on probation for a DUI, gross misdemeanor cause its my second in ten years, for another two and half years. I am thinking about paying off my fines, finishing my court ordered tx and moving out of state illegally. I can't deal with my probation for another two and half years and want to move out of state and start over. I have never been in trouble with the law other that two DUI's and am wondering how much of a chance I am taking by leaving without permission from my PO or the courts. My PO has basically told me that there is little chance for me to get my case transfered to another state and I will either have to deal with the length on my probation or sit my year in jail....neither one seems like a viable option. Thanks
Before you leave why don't you talk with your attorney about bringing a motion before the sentencing judge allowing you to leave the state and or ending your supervised probation early? If you get everything done that was previously ordered then you might have a chance. It is certainly better than going on the run as a warrant will most certainly be issued once you leave. If you don't have an attorney should speak with one in your area for assistance.
There can light at the end of the tunnel in your situation. If you satisfy all terms of probation, pay all fines, and maintain good relations with your probation officer and have a clean criminal history thereby, you can petition the court to remove the remaining years on your probation. You must also demonstrate the necessity of moving out-of-state. Further, I strongly urge you not to break the law by skirting the conditions of probation, this will haunt you and can lead to terrible consequences. It would be helpful for you to get in touch with a skilled criminal defense attorney so that you can try to lift your probation in a lawful way.
amuel John EdmundsDUI / DWI AttorneyMendota Heights, MN ·
Try for the interstate transfer. If you just skip out on your probation, it will catch up with you eventually. You can also try for an early discharge from probation after some time passes.
That is a very bad idea. You would be "starting over" with a probation violation hanging over your head which may likely result in a warrant. Any time you are stopped by police, you may be held in custody pending possible extradition. You could also be extradited and required to serve jail time. In other words-, the option s for leaving may be as bad or worse than staying
You may seek to be discharged early from probation by filing a Motion. That would make far more sense
Prior post is misleading and should be discounted. It is not at all wise imho for you illegally leave the state. People 'hiding from the law' tend to be nervous and edgy and constantly on alert and in fear. I suggest you confer privately with an experienced and reputable attorney at this time so she may assist you. It is good that you tried to talk things out with your probation officer / PO. An Interstate Transfer application may be one possibility. Petition to the court another, be be aware that this would entirely be but an upward climb. Tricia Dwyer Esq.
I strongly advise that you not leave the state unless your probation is successfully transfered. You definitely do not want a warrant issued for your arrest and possibly facing the execution of your stayed jail sentence. I really don't understand why your PO would state there is no way to have your probation transfered? I would suggest you contact an attorney to review all of your facts and possibilities.
