If you are on probation related to a DUI, you should know that it carries certain limitations with it. One of these limitations is that if you are considering relocation to a new state or place within your current state, you will have to request permission from the court or your probation officer.
The reason that someone on probation is required to formally request permission to move ties back to the original intent of probation. Probation is often given to someone in lieu of having that person serve time in jail, so part of the purpose is punishment. In the case of a DUI, the punishment can include limited driving privileges, attending Alcoholics Anonymous (AA) meetings, undergoing periodic sobriety tests, and periodic reporting to a probation officer. In addition, sentencing someone to probation rather than jail time allows the individual the opportunity to rehabilitate his life.
In order to help enforce both the punishment and rehabilitation aspects of probation, your probation officer or the court need to know where you live. By knowing where you live, the probation officer or court can be sure you are adhering to the requirements of your probation and that you are living in a location and overall situation that is conducive to you avoiding a repeat infraction.
If you are on probation and want to move, you should contact your probation officer or the court. The process for moving can vary from state to state, within a given state, and depending on other factors specific to your individual situation. Therefore, it is best to have your probation officer or the court explain the process in light of your individual circumstances.
Whether the court will approve a relocation request will vary widely from case to case, depending on your original crime, if you have violated your probation previously, and the states involved. You generally need to have a good reason for the move, such as to accept a job opportunity or to be closer to family members. But even with a good reason, there is no guarantee that your new location will accept your transfer.
If your transfer request is approved, the court will transfer your probation to the new location where you want to live. The court will still expect you to adhere to the other conditions of your probation, including working with a new probation office in your new location.
If you move without obtaining approval from the court or after the court has denied your request to move, the court can find you in violation of your probation because of your relocation. The court has a wide array of actions it can take as a result of such a violation. These actions can include extending the time of your probation, increasing your supervision, or even placing you in jail.
If you believe your relocation or other actions you performed may be in violation of your probation, you would be wise to speak with an attorney, as it is possible that there is now a warrant out for your arrest.
The article above was written by Mark J.
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