My son was convicted in NC for second offense DUI. He is currently on a 2yr. probation and is not scheduled to get his license back until 2008. He is in rehab. in NC, due to be released in late Dec. or early Jan. We have been told that his probation can not be transferred out of the state of NC. We, his parents, live in VA and feel that he would be better off with us once he gets out of rehab. because he has no place to go in NC and no way to get around to find a job since he has no license. If he could live with us here in VA, we could supervise his activity and see that he gets back and forth to a job. Could he live and work in VA, but still meet with a probation officer in NC?
2 Answers from Attorneys
Even if your son's probation cannot be transferred to Virginia (for whatever reason), he still should be able to live and work in the Commonwealth as long as he is able to report as required to the N. Carolina probation office and maintain the other conditions of his probationary status.
He can probably be transferred, though the judge has to approve it. He can only be on probation where he lives.