fenix2828@aol.com (fenixx29) wrote in message news:<2ee9185b.0403061039.559c59f@posting.google.com>...
I live in Phoenix, AZ and I am on probation for an AGG. DUI. Class 4
Felony. I have never been in any other trouble. My Fiance' lives in
New York. She is pregnant with my child (happy news! Just at an
inconvenient time!) She can not move here yet because of a custody
issue with her son and his father. Her Ex-husband (the father) must
agree with the arrangement and he refuses. She is going to take it to
court. In the meantime, (which may be a long time) She carries my
child and is alone. She cannot do this on her own. I want to move
to NY and be with her as we plan on getting married. I haev read the
interstate compact but no-where do I see a process... I gave the
situation to my p.o. but she just said that she has never seen it
happen and said she would pass my request on to the judge. I had the
oppurtunity to speak with the judge hurriedly. There were about 120
others waiting to see her. She just seemed to want to brush it under
the carpet and said she "thinks they need me here for a while..." I
have a feeling that my request was mentioned in passing and maybe she
didnt get the meat of my situation. I dont just want to move to New
York, I have to! Is there a process?? Do I need t file a request
formally somehow?? I have no idea where to go from here...Any advice
or information that might lead to some in-sight would be appreciated.
Can they keep me away from my wife and child?
Generally, if you're on probation, you must remain where your PO
directs you to, you PO has the discretion to forbid you to travel, and
you have no recourse if your request is denied. "Thinks they need
[you] here for a while" is a polite way of telling you that they are
not going to consider allowing your request, no matter how important
you think it is.
I understand it is important to you to be with your family. It is
important to the state that you remain under their supervision, too.
If you believe you can show them that you pose no risk by relocation
to New York and complete your probation there, you can get a lawyer to
present your case for you, and you may stand a better chance of
success. But you should not presume that you have any right to leave
their jurisdiction while you are on probation, or any right to compel
them to allow you to. You will have to show them why it is in the
interest of justice to allow you to do this and that they are not
taking any kind of risk in allowing you. You need a lawyer to make
this kind of case for you.
--
Not a lawyer,
Chris Green
