Legal Question in Criminal Law in Mississippi

No probation officer assigned after 8 months

My boyfriend was sentenced to the RID program in Ms... after completion of the program he was sentenced to two years of probation by a judge. He handed in his paperwork to the probation office and was told they would be in touch with him. He called them during the first 3 months of his probation, and was told that they had yet to assign him a po. It is now a total of 8 months later and no one has contacted him.

He would like to move to NY where i currently reside, but he is unsure and afraid to call them and find out what he must do to transfer his probation. What would your advice be? With all do respect, should he just move assuming they lost his paperwork or something? Or should he call, and if he does, can they make him restart his probationary period from when they finally do assign him a po? Please help. Thank you....

Asked on 5/03/03, 5:50 pm

2 Answers from Attorneys

Jeffrey Padgett Padgett Law Firm, pllc

Re: No probation officer assigned after 8 months

I would not move unless and until the probation office/district attorney approved such. Call the district atty office and tell them what you just posted. If you are in North MS, let me know.

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Answered on 5/05/03, 5:13 pm

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: No probation officer assigned after 8 months

Do not, under any circumstances, just move without contacting anyone. If he leaves without reporting, a warrant will be issued for his arrest and the New York authorities will be advised of such and then it will only be a matter of time before he's rearrested, regardless of what state he is in. The probation departments of various states are generally pretty good about sharing supervision. He will probably need the approval of the circuit judge who sentenced him to transfer his probation, so your boyfriend should contact the lawyer who represented him when he pled or the district attorney to try and get the judge to sign an order approving of a transfer of probation. After the judge signs that order, the probation department should be able to transfer him. Good luck.

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Answered on 5/05/03, 6:13 pm

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