Ask Me Help Desk - Moving when on probation

Ok, I am looking at relocating to Florida but I am currently on probation for a misdimeanor assault and battery charge in virginia...

Part of the probation requirement was that I go through a sex offender evaluation because the judge felt it had sexual overtones... I did not commit the crime that I was charged with but the judge found me guilt and I actually got sentenced to jail but took a alford plea on the appeal to avoid jail..

I have since gone through the sex offender evaluation which included a lie detector test which I passed proving I did not commit this assault... I doctor still said I must go through a sex offender education class..

He said I could go to court and ask for probabtion release but that involves money for a lawyer and the education class is paid for by my insuarnce company so I opted for the class...

Now I am in a situation where I have a great job opportunity to move to Florida... I talked to my probation officer and he said he can't release me until I finish the class... I am on session 2 of 8 and I only go every other week. Or I can go to court to ask permission..

Do I need a lawyer to do this? PO can't give me legal advice. I have never been arrested before this false accusation.

Quote:

Originally Posted by rodneynichols36

Ok, I am looking at relocating to Florida but I am currently on probation for a misdimeanor assault and battery charge in virginia.........

part of the probation requirement was that I go through a sex offender evaluation because the judge felt it had sexual overtones......... i did not commit the crime that I was charged with but the judge found me guilt and I actually got sentenced to jail but took a alford plea on the appeal to avoid jail..

I have since gone through the sex offender evaluation which included a lie detector test whic I passed proving I did not commit this assault............I doctor still said I must go through a sex offender education class..

He said I could goto court and ask for probabtion release but that involves money for a lawyer and the education class is paid for by my insuarnce company so I opted for the class.....

Now I am in a situation where I have a great job opportunity to move to florida......I talked to my probation officer and he said he can't release me until I finish the class....I am on session 2 of 8 and I only go every other week. Or I can goto court to ask permission..

Do I need a lawyer to do this? PO can't give me legal advice. I have never been arrested before this false accusation.

It seems your only choice is to go to the Court and ask for a transfer - which your PO already has said you can't get because you haven't met the terms of your probation.

And, of course, if you just leave the State a warrant will be issued for your arrest.

Looks like you have to go back to Court and try to convince the Judge that you NEED to move. He/she will not care about the circumstances of the arrest - that's all been taken care of.

You should try and complete your required courses. This would definitely help you convince the Judge to allow you to transfer to a different state. You shold get an attorney to help you on this though.

You can of course ask for a hearing and in a few months most likely get one, or you can finish the courts required classes.
Not being guilty has nothing to do with it at this point and in fact if you try to keep saying you are not guilty, the judge may feel you are still in denial and not accepting guilt and feeling sorry for your crime.

And it can take a month to several months to get a transfer approved even after the PO is ready to turn it in.