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ABHAN5366
Oct 26, 2011, 03:17 PM
I plead guilty to ABHAN in SC and I'm on probation for 3 years. I would like to move home to CA but the address came back to close to a park, must be using straight line method. With the residence laws in CA I am finding it impossible to find a good address there. It's San Diego county and I'm looking for any suggestions ? Someone told me that law is "up in the air" right now and that I may be able to get a stay? Not even sure what that is, just want to be close to family so I can get my life in order. Thanks

JudyKayTee
Oct 26, 2011, 03:58 PM
Have you read this? https://www.askmehelpdesk.com/criminal-law/how-transfer-probation-562513.html

Right now your probation officer "owns" you. Straight line method or not, that's up to the probation officer.

Who told you the law is "up in the air" right now? It's very straight forward and very explicit. What part of the Law is "up in the air," according to your source?

There are PLENTY of "good addresses" in San Diego County that are in accordance with the terms of your probation.

No, you can't get a stay if you're a sex offender. What level?

ABHAN5366
Oct 26, 2011, 04:16 PM
I went through my PO and He went through ICOTS and San diego said no. As for the "up in the air" it came from a lawyer in CA, there's a case in which the judge said the law was unconstitutional (apeals court in LA) , it's on the CA Supreme court docket and they should render a decision early next year. Also many states have already removed residence restriction laws. Level? Not sure but would guess low the charge was a misdemeanor. As for a good address, I've spent hours looking and can't find an apartment that works so if you know there are plenty could you throw one my way I would appreciate it mucho!

JudyKayTee
Oct 26, 2011, 05:14 PM
I can't find a case that finds the restrictions on sexual offenders to be unconstitutional. Do you have a site or the name of the case?

ABHAN5366
Oct 26, 2011, 05:35 PM
http://californiacitynews.typepad.com/california_county_news/2010/11/la-county-judge-rules-that-residency-restrictions-in-jessicas-law-are-unconstitutional.html

Try this link..

Fr_Chuck
Oct 26, 2011, 06:48 PM
It can take years for this case to get though the courts, appeal first, then state supreme court, and who knows from there. Also the stop enforcement by corrections means they are not currently arresting those who are breaking it,
But that does not effect a transfer, since it is your probation officer and their probation officer who must both agree.

ABHAN5366
Oct 26, 2011, 07:14 PM
Yes I agree it will take forever for any final outcome. I'm just looking for ideas, legal or otherwise on how to get a "good address " in San Diego.