 |
|
|
 |
New Member
|
|
Aug 9, 2008, 11:34 PM
|
|
Backed into a Corner About Transfer of Probation
I've read the q's and a's on this site about this topic, but for me it's a bit different.
I got an aggravated DWI in December in Nassau County, NY. Got 3 yrs Probation and got transferred to Queens County, NY, where I live. 3 appts rescheduled with PO, now I won't see her until 8/28. My lease ends 9/30 so I'd like permission to leave by then.
I'm trying to transfer to Dallas, Tx where my job, home and family are starting in October. I read about making a formal written request for transfer, but can I submit same before seeing my PO the 1st time?
What happens if they "throw my case out" as my original PO in Nassau County said they would if I requested a transfer?
If, hypothetically, I leave the state without permission from Probation, will NYPD really come all the way to Texas to track down a 1st offense DWI with no prior record?
Please help.
|
|
 |
Uber Member
|
|
Aug 10, 2008, 06:11 AM
|
|
Hello t:
They may not come get you. But you'll languish in jail for a couple of weeks until they local fuzz figures out that they're not coming... Then they'll let you go until the next time you get pulled over for a broken tail light, and then the whole thing starts over again...
Yes, you can apply anytime. I don't know what "throw" your case out means,, but I don't listen too much to ANYTHING they say. They ARE nothing but bureaucrats, after all - MEAN bureaucrats.
excon
|
|
 |
Uber Member
|
|
Aug 10, 2008, 07:17 AM
|
|
The family you speak about in Texas, is that blood family like wife/husband, mother/father, etc. or is it just a girlfriend/boyfriend? If it is not a blood relative of yours, your transfer might not go through. They probably won't grant the transfer until you've been on probation for awhile. Also, do you have any fines, drug rehab etc to perform as part of the probation? You'll probably have to get everything taken care of up there before being permitted to move to Texas. It's worth a try to ask for a transfer, but I sincerely doubt they will grant it right out the gate until you have put a few months of probation under your belt and paid everything off in full prior to transfer. You also must get approval from Texas also. Have you sought their approval yet?
|
|
 |
New Member
|
|
Aug 10, 2008, 08:50 AM
|
|
My family in Texas is my parents. I have a cop friend in Texas too who's said he's had friends before with warrants and he's cool about it. Seems like Texas would have to know I was there, i.e. police contact by me screwing up, for them to find out about New York. I still owe restitution to Nassau County where I got arrested, but they just bill me monthly for it. I don't owe anything to NY Probation that I know of. I haven't contacted either state about this yet because it's the weekend, but I intend to notify both this week.
"Throw my case out" was told to me as though NYC would refuse to take my probation case if I requested a transfer and I guess send me back to the judge.
But if I left without permission and don't mess up in Texas, would NYC ever even find me or try to?
|
|
 |
Uber Member
|
|
Aug 10, 2008, 09:15 AM
|
|
Hello again, t:
It's ISN'T about them coming after you. They may not.
It IS, however, about the warrant that will last FOREVER, and all the trouble THAT it will cause you for the rest of your life. Not every cop is as cool as your friends. In fact, not many are. Most of 'em look at a warrant as an excuse to pull you out of the car through the window, and step on your neck while they cuff you...
Look, go read my treatise about transfer of probation at the top of the criminal law page. I tell you how to do this, IN SPITE of what THEY say. What THEY say is immaterial. THEY don't know the rules. All they know, is NO! THEY think that NO will suffice - and it DOES for most.
There are SOME, however, ME included, who refuse to get walked upon. Therefore, I learned the rules in every situation I was in... That way, and ONLY that way, did I know when they were lying to me, which is what they do MOST of the time.
That's it.
excon
|
|
 |
Uber Member
|
|
Aug 10, 2008, 09:33 AM
|
|
 Originally Posted by turttle
If, hypothetically, I leave the state without permission from Probation, will NYPD really come all the way to Texas to track down a 1st offense DWI with no prior record?
Please help.
QUOTE]
I can only address this part - they will get a warrant for your arrest. They may actively pursue it, they may not.
But it will remain on your record FOREVER and if you are ever stopped or arrested for any offense you will be held based on the NYS Warrant.
Warrants never expire and the NYS computer system is very thorough.
|
|
 |
Uber Member
|
|
Aug 10, 2008, 12:02 PM
|
|
[QUOTE=turttle] I still owe restitution to Nassau County where I got arrested, but they just bill me monthly for it. I don't owe anything to NY Probation that I know of. I haven't contacted either state about this yet because it's the weekend, but I intend to notify both this week.
First off the "bill me monthly for it" means that this is going to go on for a while. Are you prepared to have your mail forwarded for 3 years? You need to pay it off in full before leaving. Also you may be put on monthly in person reporting schedule... then what? You haven't even met with the PO yet and already you are jumping the gun.
Not having permission and not "messing up" in Texas or anywhere else is not where it's at. You won't always be in Texas and should your PO decide to pay you a home visit you're cooked good. Think about it. Then they'll really cook you for leaving the state and start asking more questions. Also Texas is notorious for pulling people over for little and no reason - what are you going to do then?
As Judy pointed out the warrant never goes away. Just how do you propose to get a driver's license in Texas? Do you plan to go back to NY to have your license renewed indefinitely? Same for the car registration and car insurance? You are risking arrest every time you go to the DMV in any state as they happily pull your record and will have you arrested on the spot while you happily wait for your new driver's license or car registration. Then you can happily sit in jail and think about it whether you are sent back to NY or not until they make up their minds.
Wouldn't it be much easier to just do it the right way the first time?
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Transfer of probation
[ 16 Answers ]
How long will it take to transfer my probation from Michigan to dallas Texas I was put on probation for 12 months on a larceny in building charge that was knock down to a entry without permission charge. The department of correction or my "probation officer" requested that I do 90 days in jail if I...
Transfer Probation
[ 26 Answers ]
Hi there.
In 2005 I was arrested for cocaine possession. It was a very small amount. I was 19 and it was my first year of college. This happened in a small town in Georgia (I was just passing through)
Since I was arrested I have completely turned my life around and am about to graduate college...
Probation transfer from WI.
[ 3 Answers ]
My friend was living in Tennessee and got a little behind on his child support after 22 years of paying religiously, and was extradited to Wisconsin and spent a year in jail there. They let him out with time served and one year's probation almost 2 months ago. He has been trying to get transferred...
View more questions
Search
|