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Probation Jurisdiction

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wizkid83

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

My fiance has a 30 month probation that he received in Buncombe County, NC and then it was transferred to Wake County, NC. While in Wake County, he was waiting to have his probation transferred to the Petersburg/Chester, VA area so that he woul dbe closer to his family and be able to work. That never happened and after approximately 6 - 7 weeks he left to go back to VA. He now has a detainer from NC and wants to know, Which county has jurisdiction of his probation?

Would he be able to get back in front of the judge who sentenced him to the probation and wrote into his court docs that he could go back to VA?

Your answes would be greatly appreciated.
 


CavemanLawyer

Senior Member
The only thing that gets transferred to another county is the supervision. The county where he was put on probation will always retain jurisdiction over the case itself, so any modification or revocation will always take place there unless there is an agreement to plea in absentia (plea without actually appearing.) If they filed a motion to revoke on him than he is going back to Buncombe County.
 

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