Legal Question in Criminal Law in Texas
Probationer Legal Rights
I am on a 10yr. felony probation in Tx., and I am leagaly married to someone in the state of Mississippi. We were married before I was sentenced to the 10yr. felony probation. What are my rights? Can the probation department keep me from moving to live with my husband in Mississippi?
1 Answer from Attorneys
Re: Probationer Legal Rights
It is my understanding that they can keep you here since the Court has ordered you to complete your probation here. You and your attorney should have requested the case be transferred if possible to the State of Mississippi at the time of your plea. You need to talk with your probation officer and see what he or she says. A lot of States have reciprocal agreements whereby that State will accept persons on probation from another State. Your probation officer should be able to inform you whether or not Mississippi will accept your probation. If the State of Mississippi will accept your probation it could be transferred depending on the Judge in your case. If they will not accept your probation, then you will probably be required to stay here. Additionally, some Judges will not allow the transfer even the State you are going to live in will accept the probation, until you have paid all the fine, court costs, as well as done all of the court ordered community service. Then the Court will require you to report by mail, with quarterly visits to Texas. Other Judges (like in Harris County) may let you live in Mississippi, but you have to personally report to your probation officer in Texas once per month. Again, you will need to check with your probation officer and/or contact your attorney. Finally, you may need to get with your attorney and approach the Court with a request to have your probation transferred to the State of Mississippi.
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