[tmb0625]

I moved to South Carolina as Sept. 07 and have been down here since. I relocated from NY to take a job here. The day before I left for South Carolina, I attended a going away party from work there, and subsequently had a few too many, chose to drive, and got a DWI. Second within ten years in NY is charged as a felony. So my attorney said, go to SC, start the new job, we will handle this from there until court date, and at that time, we will have it so whatever punishment needs to be handled in NY is handled, and you can continue your life in SC. Well, I ended up with 5 yrs. Probation for the offense, they got the felony. Problem is, now I am back in South Carolina awaiting a decision on whether my probation will be transferred here successfully. I get no answers from either the PO in NY, or the PO in SC that I currently report to once a month. I realize that they do not have to handle the case here, if they find reason that I do not meet the criteria for the transfer. I work here, my fiancé just got a full time job here, and my son goes to school and loves it here. My question is, presumptively, if they (South Carolina) denies my transfer, is there a way to appeal that decision? If so, what method is taken? By the way, it has been about 2 1/2 months since I arrived back in SC. Does it usually take this long to hear? Any help would be greatly appreciated. Thanks.

[JudyKayTee]

I moved to South Carolina as Sept. 07 and have been down here since. I relocated from NY to take a job here. The day before I left for South Carolina, I attended a going away party from work there, and subsequently had a few too many, chose to drive, and got a DWI. Second within ten years in NY is charged as a felony. So my attorney said, go to SC, start the new job, we will handle this from there until court date, and at that time, we will have it so whatever punishment needs to be handled in NY is handled, and you can continue your life in SC. Well, I ended up with 5 yrs. probation for the offense, they got the felony. Problem is, now I am back in South Carolina awaiting a decision on whether or not my probation will be transferred here successfully. I get no answers from either the PO in NY, or the PO in SC that I currently report to once a month. I realize that they do not have to handle the case here, if they find reason that I do not meet the criteria for the transfer. I work here, my fiance just got a full time job here, and my son goes to school and loves it here. My question is, presumptively, if they (South Carolina) denies my transfer, is there a way to appeal that decision? If so, what method is taken? By the way, it has been about 2 1/2 months since I arrived back in SC. Does it ususally take this long to hear? Any help would be greatly appreciated. Thanks.

This was the Attorney's advice?

Okay - it's up to both PO so I think they are the ones to be talking to.

Personally - I'd be speaking to the Attorney who gave this advice in the first place.

[Fr_Chuck]

You are entitled to look at the transfer rules in the PO book at his office. Also has your attorney looked into the transfer.

[twinkiedooter]

You hired an attorney to do this. What does he say is taking so long? He should be able to pick up the phone and make a phone call on your behalf. You probably paid him plenty to get probation. Keep calling him until you get a satisfactory answer.

[tmb0625]

I moved to South Carolina as Sept. 07 and have been down here since. I relocated from NY to take a job here. The day before I left for South Carolina, I attended a going away party from work there, and subsequently had a few too many, chose to drive, and got a DWI. Second within ten years in NY is charged as a felony. So my attorney said, go to SC, start the new job, we will handle this from there until court date, and at that time, we will have it so whatever punishment needs to be handled in NY is handled, and you can continue your life in SC. Well, I ended up with 5 yrs. probation for the offense, they got the felony. Problem is, now I am back in South Carolina awaiting a decision on whether or not my probation will be transferred here successfully. I get no answers from either the PO in NY, or the PO in SC that I currently report to once a month. I realize that they do not have to handle the case here, if they find reason that I do not meet the criteria for the transfer. I work here, my fiance just got a full time job here, and my son goes to school and loves it here. My question is, presumptively, if they (South Carolina) denies my transfer, is there a way to appeal that decision? If so, what method is taken? By the way, it has been about 2 1/2 months since I arrived back in SC. Does it ususally take this long to hear? Any help would be greatly appreciated. Thanks.

So there is an appeals process? Has anyone on this board been through that process? If so, can you post any tips that may help me through it? I will consult with my attorney on this, but in the meantime, sometimes there are things learned through a process that nobody really can or will tell you that makes this a much smoother process. Thanks for the feedback

[tmb0625]

... and yes, that was the attorney's advice. I think the original thought there was that he could get this plead down to a misdemeanor, with a suspended sentence. So, I thought it was a good original plan, but it did not work out that way, and we have had to adjust on the fly.

[excon]

Hello tmb:

Attorney's are good for PRE conviction stuff. But, they don't know squat about POST conviction stuff, like how to deal with the bureaucracy's. So, I don't know how much help an attorney would be in that case.

You can appeal anything they decide. No, I've not been through the appeals process because I did it right to begin with. HOW I did it, is posted at the top of the criminal law page on a sticky note.

Actually, you didn't do a BAD job of it as far as I can see.

First off, the Padre is right again. You can (and should have by now) READ the procedures manual for the probation department. You said something about THEM not thinking you met the criteria... And, of course, you hit the nail on the head. If you don't KNOW that you meet the criteria, then of course they'll make up something (because THEY don't know the rules either), and YOU can't do anything about it.

However, from what I gather, you haven't been turned down yet, and I don't think you will be. You're already there, you have a PO and you're reporting... It's a done deal.

You certainly can call 'em up. Is it going to piss them off?? No more than the fact that you're alive and on probation. And, if you KNOW the rules, who cares if they're pissed off?

excon

[tmb0625]

Thanks excon

It seems as if SC keeps trying to come up with things that would make it so I don't meet the criteria, and of course I keep on it, combating that with the correct information, which meets the criteria. I have called them up and flat out asked, when should I hear a final decision, and what else I would need to do to meet the criteria-if anything, but of course, no straight answers. I have read the manuals and I should be fine, but wanted to ask... Never, and I mean ever have I seen anything like this process, anywhere. Here is what bothers me most. That, basically, they are saying, you drink and drive, therefore you have a drinking problem (which I will agree with them on). Then they say, well, there is a chance that you cannot continue your employment, you will be separated from your family, you will have no place to stay, nor a valid way (drivers license) to go and get these things. Well, isn't that the easiest way to push someone back to drinking? Especially a person with a drinking problem? I take full responsibility for my actions, and I own my mistakes, I went through the court system, paid my fines, sat in jail for a week, done everything asked of me by PO to this point, why keep the constant pressure on? My true feeling is they simply DO want more wards of the state. Doesn't make much sense.