I am on probation for a second DWI and wanting to move from Texas to Georgia, do you think I could transfer?

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I am almost done with my classes and community service, still paying my fees though. I want to transfer to Georgia to live with a friend to help out with her son. I have about a year and 4 months left of probation and I don't know if I should even ask for a transfer or if I will have to wait til I am done with probation before I can leave. I haven't messed up at all on my probation and my P.O. knows I am really trying to make my life better. Any advice would be helpful.

Attorney Answers

4
Benjamin Lieberman ·
Probation can be transferred from one jurisdiction to another. Speak to your probation officer and see what s/he has to say.
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Sarah White 1220051.Html ·
If you have a PO then you are on formal probation. I would finish up the classes and request an interstate transfer of your probation.
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Gene Beaty ·
Probation probably won't/can't be transferred to another state, so don't bother talking about that option. Seek to have your requirements reduced to mail in or other reporting that can be done from your new home outside Texas. To qualify for this arrangement, you should have your education, community service and so forth done before you leave, although it can be done out of state. It's just more difficult than doing it while you are still here and PO wants to know that he can relax supervision in your case. Talk to your PO about it and see if its OK. If your PO won't approve it, talk to the court to see if the judge will accept this change in your probation requirements. Frankly, Denton probation and courts are difficult, but certainly get this type issue often enough that they should work with you to get you what's needed.
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James Butler ·
Congratulations are in order for doing well on probation. The short answer is yes, you can transfer your probation, but you will need your Supervising Officer’s permission, and the Court must approve of the transfer. The process takes time, so I suggest you make your request as early as possible. Based upon what you have told us, it appears you are eligible for transfer. Both Texas and Georgia are member States of the Interstate Compact. The Interstate Compact for Adult Offender Supervision is administered in Texas through the TDCJ Interstate Compact Office. At the discretion of your supervising officer, if you meet the following criteria, you are eligible for mandatory transfer: (a) have more than 90 days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and (b) have a valid plan of supervision; and (c) are in substantial compliance with the terms of supervision in the sending state; and (d) are a resident of the receiving state; or (e) have resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and can obtain employment in the receiving state or has means of support. Georgia will have 45 days from the date they receive your proposed plan of supervision from Texas, to respond. Generally, you won’t be allowed to transfer your probation under the compact without first receiving Georgia’s approval. There are exceptions such as living in the receiving state at sentencing as well as expedited request due to emergencies. Keep in mind -there is no absolute right to transfer your probation to another state. Once Georgia agrees to supervise you, they will supervise you like they do other DWI probationers. I hope you find this information helpful. Good luck.
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