Leaving state on felony probation?

Business 6 views 3 answers
My husband is on felony probation, I'm currently 6 months pregnant, he has a job here but we have had no luck finding a place to live, for various reasons. Just got kicked out by my family we were living with because they are selling their house, all other family lives out of state. We want to possibly go to Colorado or reno Nevada where the closest family is. (Reno is where my husband was living before coming to cali to turn himself in) however his probation officer says he can't let him leave on a temporary pass and not until his fines are paid off (2,500+) which we do not have the money for in the current situation we are in. Not to mention that would take months to transfer.Really don't want to just leave state and risk him going back, but don't know what else to do or if there is anything else we can legally try.

Attorney Answers

3
Mark Coleman ·
If probation will not allow him you would have to seek a modification of probation from the court. Leaving the state without permission would result in him being sent back to jail. Hopefully, the attorney that represented him in his last case can help with the modification.
0 upvotes
Jay Finnecy ·
Agree with Mr. Coleman. If probation won't agree, it's time to get back into court to ask the judge for permission to travel/move. You'll need a more concrete destination than "possibly Colorado or possibly Reno, NV." Your husband should contact the attorney who handled his case and/or the Public Defender's Office in your area.
0 upvotes
Mark Spencer ·
In order to modify felony probation, I recommend scheduling a hearing to make the request from the court. It has been my experience that courts will allow a defendant to go out of state or have their probation transferred to a different state if there is a compelling reason to do so (such as having employment in another state).
0 upvotes

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