• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

transferring informal v. formal probation out of state

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jfere

Junior Member
What is the name of your state (only U.S. law)? Oregon

Is informal (bench) probation easier to transfer to another state than formal probation? I recently requested an interstate compact transfer of my formal probation from Oregon to California and California denied my transfer because I don't have immediate family in California. I went to the judge here in Oregon and he told me he would consider reducing my formal probation to bench probation so I could go to California but I"m just wondering if I will run into the same problems trying to transfer informal probation as I had with formal probation.
 


Indiana Filer

Senior Member
What is the name of your state (only U.S. law)? Oregon

Is informal (bench) probation easier to transfer to another state than formal probation? I recently requested an interstate compact transfer of my formal probation from Oregon to California and California denied my transfer because I don't have immediate family in California. I went to the judge here in Oregon and he told me he would consider reducing my formal probation to bench probation so I could go to California but I"m just wondering if I will run into the same problems trying to transfer informal probation as I had with formal probation.
It would still need to go through the Interstate Compact. Do you have a job waiting for you in CA?
 

CdwJava

Senior Member
If Oregon is okay with letting you leave, then it won't matter what California says. But, if they want to see you supervised at all, then California will have to agree - and the county where you will be living will have to agree. Keep in mind that CA is in a serious financial pinch. Probation departments are at their bursting point and losing people - taking on MORE responsibility is not likely to be accepted with open arms. Not to mention that without family or a job, you may be coming to a state where even if you will qualify for welfare, they will pay you with an IOU and not in cash or check for some months to come.

Bring a backpack and a sleeping bag, and remember to stay in the homeless friendly cities - the big ones along the central and southern coast.

- Carl
 

jfere

Junior Member
what are my chances?

I do have a job waiting for me in CA. my former employer was even gonna write me a letter saying he would love to have me back and i do have a job waiting for me, so I could give that to the judge. Plus I am having a really difficult time finding a job in Portland. If I was able to go back not only would I have a job but I would be able to lafford to live in a sober living house. I did some research about bench probation in Oregon and found out that you are not allowed to leave the state without written permission of the court or PO. So if the judge gives me permission to leave, how come I would have to deal with California? I was on bench probation in 04 in washington but I was allowed to go to Montana. I didnt have to inform Montana and I just had to report to Washington for a year. Couldnt I do the same thing in this case or is it different because this time its a felony not a misdemeanor? Thank you for the replies. I really appreciate it! Oh and would I atleast have a better chance at getting down to California on bench prob. rather than formal, even if I do have to deal with Cali probation?
 

CdwJava

Senior Member
You will only need California's approval if Oregon wants you to be directly supervised. If they do not impose any requirement for you to remain in Oregon or to check in regularly with an Oregon probation officer, then you can likely move wherever you like. Only if they want to transfer your probation to supervision in California will this state have to agree to it.

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top