These moves are governed by the Interstate Compact for Adult Offender Supervision.
If you have been placed on probation for a felony offense, you might not be surprised to learn that the state of California will place some restrictions on moving out of the state. However, even if you are on misdemeanor probation, it may still be difficult to move. Many people on probation are required to request permission from both the sending state (California) and the receiving state (where you intend to move) through what is known as the Interstate Compact.
The goal of the Interstate Compact for Adult Offender Supervision is to protect public safety by ensuring that adults who are on probation are supervised, even as they move from state to state. However, applying for permission to move under the Interstate Compact can be confusing and time-consuming. A skilled Rancho Cucamonga criminal defense can assist with the process.
The Interstate Commission for Adult Offender Supervision evaluates and processes the transfer of people on probation from one state to another. Throughout this process, the Commission continuously supervises probationers. As a Rancho Cucamonga criminal defense can explain, in order to be approved to move, both the sending and receiving state have to agree to the transfer.
Not every person on probation is required to apply for permission to move under the Interstate company. The following people must request permission:
- Anyone on felony probation;
- Anyone on misdemeanor probation IF
- The probation term is for one year or more; AND
- The current offense includes one or more of the following:
- An offense in which a person has incurred direct or threatened physical or psychological harm;
- The offense involves the use or possession of a firearm;
- A second or greater conviction for driving under the influence of drugs or alcohol; or
- A sexual offense that requires the offender to register as a sex offender in the sending state.
An application to move must be made before leaving California. If you attempt to apply after leaving the state, your application will be denied. Your Rancho Cucamonga criminal defense can assist you in filling out your application. Then your probation officer and the state of California will determine if your case qualifies for transfer. A receiving state must accept you in certain circumstances, which can be explained by your lawyer. Otherwise, all other applications are discretionary.
Because the Interstate Compact can have a substantial effect on your plans to move, it is vital that anyone considering leaving California talk to a knowledgeable Rancho Cucamonga criminal defense before making a decision to leave the state. If you fail to request permission to leave, it will result in a denial of your application — and could also result in a violation of the terms of your probation.
If you are currently on probation in California and want to explore the possibility of moving out of state, the Chambers Law Firm can help. Contact our firm today at 714-760-4088 or dchambers@clfca.com to learn more and find out more. Initial consultations are always free!
