Question:
How do you get a transfer from Tn to California! Did all that they asked the after first time denied: got married, got a job, got a place to live, got a place to do rest of community service and Tn probation recommended it for the betterment of our living arrangements.
Now denied second and final time due to it not being an emergency or job related.
Why didn't they tell us that $4000 ago and two trips looking for work and housing and two months waisted.
Denied now twice and told no more chances.

Here is the story:

Ashley is on 3 year probation until April 2009 for vehicular homicide, car wreck with minors without seat belts. No other charges, no drugs, no alcohol involved. Little sister (16) and one other were killed. Ashley spent months in hospital herself with a broken back and many other injuries. The family of the other minor pushed the DA to press charges. Nothing was charged for months, until they got wind that Ashley and Jeremy were moving to California to start over and be with Jeremy's family. This accident tore the family apart. The last day before time ran out to charge her they came and arrested her, they had the house packed and a moving van ready to leave. So all plans had to stop to come to California and had to defend herself and go to court. She was finally charged and convicted of vehicular homicide, only because the kids were not wearing their seat belts. Well now two years later she has done all the things probation asked her to do, she can get her licence back now. She still has a few more hours of community service to finish is all that is left. Sees po every month and does drug test, passes and never has had any other charges ever against her. She is 28 now. This happened when she was 26. Her little sister was her best friend. She has lost her, her mom and step dad, her live has changed forever. They are very sad and depressed there and want to be with family who wants them in California.

Her husband's (my son) job ended (lay off due to company being sold and down sizing)and they have been wanting to move to CA with us now for two years. Now would be the best time. We have a rental in a nice neighborhood that they can rent from us. They were told Probation would want her to have family in California so they went and got married two months ago instead of waiting to have the wedding here with us. They came out for Christmas and decided that yes they would live in our rental house, got job applications and applied for jobs. Went back and submitted the request to move here. Never knowing that it might be denied they just assumed as we did that it would just happen. Well they were denied. She has already given notice for her good paying job and they were packed again to leave.
The denial said no job secured. So Feb 5 she came out alone and secured a job. It is impossible to get a job without a personal interview. She stayed a week but was only able to get one interview during that week. But they hired her. Since she went home she has gotten two more places who want her but must interview her in person. So three jobs on the line, our rental has been vacant for 4 month now waiting for them, they had to go and get temporary jobs thinking that they would not be denied again since they had secured a job, community service, housing and family. What more could they need? Right?
Well no, they now tell her that it has to be a family emergency or her job requires her to move there.
HELP! What do we do now. None of us can now afford a lawyer to get the probation dropped or what ever else it would take.
Do you know what we can do? Either from here in California or from Tennessee? The PO in Tennessee is a brand new one and she has no real hope to offer them and has left them hanging.

Question:
How do you get a transfer from Tn to California! Did all that they asked the after first time denied: got married, got a job, got a place to live, got a place to do rest of community service and Tn probation recommended it for the betterment of our living arrangements.
Now denied second and final time due to it not being an emergency or job related.
Why didn't they tell us that $4000 ago and two trips looking for work and housing and two months waisted.
Denied now twice and told no more chances.

Here is the story:

Ashley is on 3 year probation until April 08 for vehicular homicide, car wreck with minors without seat belts. No other charges, no drugs, no alcohol involved. Little sister (16) and one other were killed. Ashley spent months in hospital herself with a broken back and many other injuries. The family of the other minor pushed the DA to press charges. Nothing was charged for months, until they got wind that Ashley and Jeremy were moving to California to start over and be with Jeremy's family. This accident tore the family apart. The last day before time ran out to charge her they came and arrested her, they had the house packed and a moving van ready to leave. So all plans had to stop to come to California and had to defend herself and go to court. She was finally charged and convicted of vehicular homicide, only because the kids were not wearing their seat belts. Well now two years later she has done all the things probation asked her to do, she can get her licence back now. She still has a few more hours of community service to finish is all that is left. Sees po every month and does drug test, passes and never has had any other charges ever against her. She is 28 now. This happened when she was 26. Her little sister was her best friend. She has lost her, her mom and step dad, her live has changed forever. They are very sad and depressed there and want to be with family who wants them in California.

Her husband's (my son) job ended (lay off due to company being sold and down sizing)and they have been wanting to move to CA with us now for two years. Now would be the best time. We have a rental in a nice neighborhood that they can rent from us. They were told Probation would want her to have family in California so they went and got married two months ago instead of waiting to have the wedding here with us. They came out for Christmas and decided that yes they would live in our rental house, got job applications and applied for jobs. Went back and submitted the request to move here. Never knowing that it might be denied they just assumed as we did that it would just happen. Well they were denied. She has already given notice for her good paying job and they were packed again to leave.
The denial said no job secured. So Fib 5 she came out alone and secured a job. It is impossible to get a job without a personal interview. She stayed a week but was only able to get one interview during that week. But they hired her. Since she went home she has gotten two more places who want her but must interview her in person. So three jobs on the line, our rental has been vacant for 4 month now waiting for them, they had to go and get temporary jobs thinking that they would not be denied again since they had secured a job, community service, housing and family. What more could they need? Right?
Well no, they now tell her that it has to be a family emergency or her job requires her to move there.
HELP! what do we do now. None of us can now afford a lawyer to get the probation dropped or what ever else it would take.
Do you know what we can do? Either from here in California or from Tennessee? The PO in Tennessee is a brand new one and she has no real hope to offer them and has left them hanging.
People with more experience in this area will have answers but it appears TN wants her to finish out whatever is left of her "sentence" before she can leave the State and maybe California simply doesn't want her to transfer there. You probably can't get probation "dropped" - it's not that easy and the PO calls the shots.

Sounds like a terrible situation all the way around - tragic for everyone. I don't understand why she is doing drug testing if there was no history, no involvement, and this is a pretty stiff penalty (I can only speak for NYS) for a fatal accident involving seatbelts, particularly when the person who was fatally injured was an adult, capable of making a decision to "belt" or "not belt." Same with her losing her License. Are you giving the entire story or is something missing here?

At any rate if her probation ends in March 2008 and we're in mid-February now - what's the rush? Sounds like she can wait it out for another month and then go wherever she wishes.

Sorry, my error. Probation ends April 09 one year and two months from now.

I don't know if there is more but I saw the charges and there is no mention of drugs. She says she pays $35.00 and sees a PO everymonth and they automatically do a drug test. She always passes and the PO thinks moving is the best thing. She sent a recommendation to move. So Tenn is not the problem Calif is. Tenn is just that the PO is new and maybe should have suggested her writing to California or when she was here we could have gone and introduced her.

Hello mom:

It sounds as though she did everything right except manage it well. She did the things she was supposed to do, and figured the bureaucrats would do what THEY were supposed to do. It didn't happen that way, of course.

When I say "manage", she needed to be on the phone with them every step of the way. Ok, that was then, this is now. She needs to START doing that.

You (she) needs to appeal their decision. At this point, I don't think you'll find a lawyer who knows as much about this bureaucratic nightmare as you do. Besides, you said you can't afford one anyway.

You (she) needs to get on the phone and find out where exactly the denial came from and WHY it was denied. Not what they TELL you is the reason it was denied. You need to know what particular provision of their rules and regulations are they basing their denial on. Just SAYING that it's because thus and so doesn't cut it. It's anecdotal and has no basis in the law.

You (she) needs to get assertive all the while remaining polite. She needs to follow up ALL her conversations with letters sent certified recapping the conversation.

The basis of her complaint/appeal is that they are violating their own rules, as we know they are. You (she), however, must know the rules too.

They are written, of course, and you can get a copy. Once you HAVE a copy in your hands, you'll be able to cite verse and chapter to these bureaucrats who themselves don't know the rules and are used to buffaloing their way through because they know their charges don't know the rules either.

Just the act of asking for a copy of the rules puts them on notice that you're not going to be trifled with any longer. Hopefully, THAT act alone will cause them to relent.

Once you know who stopped it and why, and once you read the rules and find out that they CAN'T do that, file your appeal. If polite conversations with supervisors don't produce results, do it in writing, sent certified, return receipt requested.

It's time for her to play hardball.

excon