Saturday, December 27, 2014

Probation Pickle-Play? What do you do when you can't reach anyone at probation to confirm travel? / AVVO / Best Answer / Michael A. Haber, Esq. ~ Call **ARRESTED or **MIAMIDUI

Q:      Probation Transfer Approval Documents?  My brother requested transfer of probation from FL to NJ. The PO has been less than helpful. Yesterday, Friday, I received a notice from the NJ County ordering him to report to a PO in NJ on Monday. I tried to make calls but everyone left for the weekend. Is this his reporting instruction or perhaps just system generated since he was assigned a PO in NJ? It is unclear and the information on Interstate Compact site is not specific about what will be received if anything. Since I am paying for the hotel and car rental in FL I want to fly him here asap. We will call the NJ PO Monday and I left a message for his FL PO who is on vacation now. Is this the expected document for approval or does he need to wait for something else?

A:  Chosen as "Best Answer" by Asker!
Licensed in FL
Michael Adam Haber


Contributor Level 20
Best Answer
chosen by asker
Answered Timing is everything, and its unfortunate that this is occurring over the holidays when you are not likely to get timely answers. Without looking at what you are looking at or hearing what you have heard I can't offer an opinion.

That said, know that it is not the POs job to be helpful; it is the PO;s job to supervise and report violations. Anything else (requests to transfer included) are matters for the Court, not the PO, and the person who should be spearheading the same is your brother's criminal defense lawyer (respectfully...) not you.

Probation sucks. Its a deal with the devil, with inflexible terms and zero tolerance for error, including truly honest mistakes.

My advise If he has a court notice to appear then he'd better appear. But, if he does not have permission (which must come from the court, not the PO) to travel then he's in a pickle play, he should stay put in FL and have someone appear in NJ to explain to the Judge why he is not there.

I hope that I have been helpful in answering your question.
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