Ask a Criminal Defense Attorney: Can You Move Out of California if You Are on Probation?

Ask a Criminal Defense Attorney: Can You Move Out of California if You Are on Probation?

If you’ve been sentenced to probation for a felony violation, you shouldn’t be surprised to find that you’ll have certain limitations on relocating out of California. It may be tough to relocate even if you are on misdemeanor probation. Many persons on probation are obliged to obtain authorization from both the sending state (California) and the receiving state (the state to which they plan to relocate) under the Interstate Compact.

To learn more, keep reading or contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.

The Interstate Compact for Adult Offender Supervision

The Interstate Compact for Adult Offender Supervision’s purpose is to preserve public safety by guaranteeing that individuals on probation are monitored when they travel from state to state. However, seeking for Interstate Compact authorization to relocate may be complicated and time-consuming. A qualified criminal defense attorney in Rancho Cucamonga can help you through the procedure.

The Interstate Commission for Adult Offender Supervision assesses and processes transfers of probationers from one state to another. Probationers are constantly monitored by the Commission throughout this procedure. Both the sending and receiving states must consent to the transfer in order for it to be allowed.

Who has to ask for permission

Not everyone on probation must ask for authorization to relocate under the Interstate company’s supervision. Permission must be sought from the following individuals:

  • Anyone serving a felony probation sentence
  • Anyone serving a misdemeanor probation sentence of one year or more
  • One or more of the following are included in the present offense:
    • A crime involving the use or possession of a firearm
    • A second or subsequent conviction for driving while under the influence of drugs or alcohol
    • A sexual offense that requires the perpetrator to register with the sending state as a sex offender

Before leaving California, you must submit an application to relocate. Your application will be rejected if you apply after leaving the state. The state of California and your probation officer will then assess if your case qualifies for transfer. In some instances, a receiving state must accept you, as described by your lawyer.

Because the Interstate Compact might have a significant impact on your intentions to relocate, it is critical that anybody considering leaving California consult with an experienced Rancho Cucamonga criminal defense attorney before making a choice. Failure to request permission to leave will result in your application being denied, as well as a possible breach of your probation terms. Chambers Law Firm can assist you if you are presently on probation in California and want to consider transferring out of state. For additional information, please contact our company at 714-760-4088.

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