My finace is attempting to get his probation transferred to Delaware to live with me. We had a job lined but for him, etc. However he has just been diagnosed with Stage IV Head and Neck Cancer, requiring a feeding tube, radiation and chemotherapy. He has no one else to live with and cannot work at this point and we don't know when or if he ever will again. After all the chemo and radiation he will require surgery to get the rest of the cancer.

He has requested to transfer from his PO however she informed him he must begin therapy and pass a lie detector test before he can transfer here and also another state will not accept him without this happening.

I am trying to support him financially and emotionally and in this economy it is almost impossible.

My question is... is what the PO is saying true? Are there no acceptions for a person possibly dying from cancer who needs constant help.

Thank you

Kitty

Hello Kitty:

If the PO's lips are moving, they're LYING!! Go here, and do what it says. Don't give up:

https://www.askmehelpdesk.com/criminal-law/how-transfer-probation-115783.html

excon

Hi,

Thank you so much, she already knows about the transfer the court papers were signed by the judge recommending transfer and also the DA stating she had no problems with transfer.

This is all the PO.

Can she go against the recommendation of the judge?

Hello again, K:

The GIST of my position is, that PO'S LIE. They don't know the rules. And, even if they did, they DON'T follow them... That's what THEY do!!

But, it doesn't matter what THEY do. What matters is what YOU do, because the transfer is in YOUR hands - NOT the PO. You can't DO anything, however, if you don't know the rules.

So, I say again, go find out what the rules are for YOUR jurisdiction. The rules concerning the interstate transfer of probation is the ONLY thing you need to concern yourself with. If you know what to do, the PO can't stop you. The recommendation of the judge is not binding. It's a recommendation - that's ALL.

The issue is the rules, and what you DO about it. The PO DOES have a supervisor who may or may NOT be interested in the rules. You might have to go way up the food chain before you find somebody who cares...

But, the key is to show them that you care. As soon as they find out they can't buffalo you, BECAUSE YOU KNOW THE RULES, they'll start obeying them.

Do your work with these people by telephone, but ALWAYS follow up with a letter outlining the conversation, and send it to them, certified, return receipt requested. Again, by doing business in this manner, they will SEE that you're not a person to be trifled with...

excon