If you’ve been sentenced to probation for a felony violation, you shouldn’t be surprised to hear 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 approval from both the sending state (California) and the receiving state (the state to which they wish to relocate) under the Interstate Compact.
If you are on probation and want to move out of state, your best bet is to talk to an attorney who can help with post-conviction relief options. Contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation.
The Interstate Compact for Adult Offender Supervision
The Interstate Compact for Adult Offender Supervision’s objective is to promote public safety by guaranteeing that individuals on probation are monitored when they travel from state to state. However, requesting for Interstate Compact approval to relocate may be complex and time-consuming. A professional criminal defense attorney 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. As a criminal defense attorney can explain, both the sending and receiving states must consent to the transfer in order for it to be allowed.
Conditions that require you to ask for authorization
Not everyone on probation must seek 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; AND
- 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; or
- 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 refused if you apply after leaving the state. Your criminal defense attorney can help you fill out the application. The state of California and your probation officer will then evaluate if your case qualifies for transfer. In some instances, a receiving state must accept you, as indicated by your lawyer. All other applications, on the other hand, are entirely at the discretion of the applicant.
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 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 migrating out of state. For further information, please contact our company at 714-760-4088. Consultations are always free of charge.
