[Rhylirana]

I was just put on probation (in Utah) for a class B misdemeanor (possession of marijuana > 1 g). I was sentenced to 48 hr of community service, 12 months of supervised probation and a fine of $550. My probation is through a private probation service appointed by the court.

I had previously been planning on moving to Washington state to live with my mother. This was explained in court before sentencing. The judge said I'd need to talk to my PO about transferring my probation/community service to Washington. At first my PO made it seem like moving before the fine/community service were fulfilled moving was out of the question. I spoke with her again and now she is saying I would need permission from a judge. I'm a little confused on how this all works because both basically said to talk to the other about it. I'm not trying to get out of my punishment but because of money/transportation (my license was suspended in Utah for 6 months) I really haven't much of a choice about living here anymore.

My PO also mentioned someone else they represent did basically the same thing I am wanting to do, but they were not able to find any private probation offices to be transferred to (in Michigan) and now is being told he has to move back to Utah.

So, I'm not really entirely sure if Washington state allows private probation.. I'm just not really sure how to proceed. It's kind of difficult to fulfill community service when I can't drive anywhere and don't have money for public trans/cab with no job.

Any advice?

[JudyKayTee]

This is a question about criminal law. Did you read this? https://www.askmehelpdesk.com/crimin...on-115783.html.

Has your mother called the Probation arm of Washington State's Government and asked? I can find nothing definitive - maybe someone else can.

[Fr_Chuck]

The issue here it is not done though the state probation department, but this court has used a private company, Not all states have private probation companies.

[excon]

Hello R:

You were sentenced to probation. One state hires private companies to do it. Other states do it themselves. THAT is not the issue. ALL states accept every other states probation transfers. That's called the Interstate Compact.

Clearly, your PO knows no more about the issue than you do. That's why you need to read the rules, and not depend on her.

I'd say that the rules will preclude you from going BEFORE your community service is completed AND before your fines are paid. It's your LOCAL community to whom you owe service - not the one in Washington.

Plus, you won't be able to drive in Washington until your suspension is up in Utah anyway, so you gain nothing there.

excon

PS> I will agree with you on ONE thing, however... Being prosecuted for ONE GRAM of marijuana is outrageous. It's CLEAR to me who is perpetrating a cime against who here. YOU, my dear, are a vicitm.

[Kegan]

I would start by calling the court in the jurisdiction you are moving to. Ask who does their probation. If it is a private concern, you are 3/4 of the way home. If not, call surrounding jurisdictions and look for one that uses a private concern. If they use an 'in-house' or public agency, I suspect they will not take a transferred case (whether it was transferred from a state or private probation dep't).

If you do find a private outfit, ask them what they will need to accept a transferred case. Take that info back to the Judge and ask he cut an order allowing this. Bottom line is this- the probation folks don't make these decisions. They facilitate the decisions made by the court. If all else fails, go to the Judge.