I live in orange county my husband and I were both put onto probation last year in feb. 2010. We have finished everything asked of us from probation and have been doing great. We need to move to Riverside because I cannot find any work and my husbands hours just got extremely cut and we have no idea how were going to afford rent this month. We also have a 2 year old daughter. I have told my probation officer that I have a full time job waiting for me in another county, which is way to far to drive to every day from orange county and we found apartments that we will be able to afford. She told us we could not transfer unless I told my great grandmother who is 93 about my charges and if she talked with her about my charges because my job is suppose to be her personal aide doing her cleaning, cooking, and errands. Is it legal for her to ask me of that for a transfer? I don't want my grandmother to have a heart attack but at the same time I won't have a place to live. I also have no violent record, and have never had any problems with probation. We just asked her about it and she said she didn't care... I'm very very confused.

You don't really need their permission to move within the state. You can still keep you probation in the county it's in now but you will have to DRIVE there each month or whatever your reporting schedule is. You might be confusing things and asking that your probation be transferred to that county from your original county.

You need to approach the PO's supervisor and ask her/him if it would be okay for you to move to the other county and still keep your probation in the original county. This way granny does not have to know anything unless the PO decides to pay a home visit. Then the cat would be out of the bag.

I've known many people who live in one county and report to their PO in person in another county.

The key here is you are not leaving the state of California at all - just going one county over.

But they can require your employer to know about your probation, in fact they can come and visit you on the work site.

But they can not stop your move within state normally, again, They can not stop your move, you can move and merely come back to them for probation meetings if you need to, But you have to inform them about moves and new jobs.

Well I'm not living with my grandmother I'm just her aide for about 4-6 hours throughout the day. And she told my husband and I that we are not allowed to leave this county which is confusing cause we won't have anywhere to live if we don't move...

She told us today that we were not allowed to leave. And I was wondering isn't it up to the employer whether they wish to know about an employees background? And also what if my grandma doesn't want to talk with her? We are on formal probation so they want to be able to come over and check our home. If we are in another county we will have to switch our probation officer to the next county and they said they would not allow us to do so. This is why I was wondering is there a way around going through them? Could I go to court and get a public defender and have them order for us to be allowed to move considering all we want to do is provide for our child?

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Originally Posted by mrs.ladyduff

is there a way around going through them? Could i go to court and get a public defender and have them order for us to be allowed to move

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Hello mrs:

You asked for LEGAL advice, and we're giving it to you. I KNOW your PO told you something OTHER than what we're telling you here, but you either believe US or you believe her. Please review the information you've received...

It's our view, that you MUST have permission to leave the STATE. But, you DON'T need permission to MOVE WITHIN the state. Therefore, we couldn't tell you about some OTHER procedure, like seeing a judge, to correct a problem that we don't even believe exists...

If it were me, I'd just move.. I realize that may not work for you. If not, I'd ASK your PO to supply you with the RULE or LAW or REGULATION that prevents you from moving WITHIN your state... I would make that request in WRITING, in a certified letter sent return receipt requested, and send a copy to her supervisor AND the judge. I believe the letter ALONE will change her thinking, and she'll let you go.

I had a great PO in Seattle (King County), but got a new job in Tacoma (Pierce County), and moved there. When I checked in with my new PO, he turned out to be a real PRICK, and told me that I would RUE the day that I moved to Tacoma... SCREW the job, I moved back to Seattle the next day. No, OF COURSE, I didn't ask that jerk.

excon

My probation officer in Florida said I can not go to work out of state and that's my job and has been for over 8 yrs and the judge authorized me to go and check in by mail so I'm a do as the judge said.so I'm saying she can shut her front door. I'm not getting fired cause some stuck up femaledog hates her own life to try and make mine and others suck... screw probation

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Originally Posted by reddog2.0

screw probation

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Hello red:

No, not really.. Probation WILL screw you - AND they have guns! But, I agree with you to ONE extent - screw your PO! You can keep your job AND stay out of trouble, if you'll follow my advice here.

excon

In California, (you can look it up on Google search) to transfer probation to another county. There is a form called a 1203.9 Penal Code motion. However it's up to the receiving county if they want your case or not.

Hello again:

Yeah, laws change.. The date of the last post was August 2, 2011, and the date of the last modification to the law, was February 13, 2012.

excon

This new law on 1203.9 probation transfers in California, so does this mean that the receiving county must accept the transferring county's probationer whether they like it or not?

The issue is that is to change probation officers and offices, why do you need or want to do that? If you just keep the one you have, and report to that office, I see no law that stops you from living anywhere in the state.