Probation, moving out-of-state and paying resitution before moving?

walkoflife · #1 08-12-2013, 07:53 AM

Ok, so I'm on community control in Ohio on an F4 NSOD charge. Was given 5 years. I live in Indiana, and phone the probation officer every month. Been paying on my son for over 3 years solid now, and am nearly caught up. However, things are getting expensive here, and I have 2 years to pay restitution in the Ohio case. Note that Ohio has not transferred supervision to Indiana (yet).

So, an old high school buddy of mine lives in Nebraska, and offered me a free crash pad so I can get caught up on all this stuff. She and her daughter just need help with yard work, etc.

I called probation a few days ago, and some fill-in PO told me that my probation officer MAY require me to pay all the restitution before moving - which is the point of me moving (so I can pay it off and give more to my son).

Ok, so three scenarios will play out:

She'll make me stay in Indiana and pay off restitution, which I won't be able to do. I tell her that I may not be able to pay it, and she'll prolly violate me (although, technically, I have until probation release day to pay restitution).
She'll make me stay, and I contemplate going anyway. That, of course, will make the County come after me and piss away everything I've worked for;
She lets me go, and this entire thread is moot.

Now, my whole purpose of moving is to pay this restitution, save money on bills, and give more to my beautiful boy. If I'm doing what is right, and PO isn't on board, should I phone the judge? Need to move ASAP and PO is on vacation for another week.

Any guidance is appreciated. I'm all about doing the right thing, just know that ahead of time. The whole reason I'm taking my high school pal up on her offer (which, of course, she will be compensated for when I get the restitution paid off)

**sidewalker** · #2 08-12-2013, 08:02 AM

This sounds like what they do here in CA. If you want to do any type of transfer you have to have your restitution paid off first. (may be different if its an intra state transfer, meaning you stay in state but in a different county)

Guessing you will have to wait til your PO gets back from vacation.(that would be the best thing to do, so as not to get into hot water with the PO)

**fbopnomore** · #3 08-12-2013, 08:22 AM

I agree, explain your reasons for wanting to move to your PO, and then hope. Since you have already been allowed to relocate once (it sounds like it was handled unofficially), the new move may be approved too. Good luck.

walkoflife · #4 08-12-2013, 08:27 AM

Thank you both.

I cannot conceivably see how any PO wouldn't be on board. I'm complying with support obligations (and paying extra that I was never ordered to), call in every month, and am all about doing the right thing. This move would save me $780 per month which, of course, would go towards paying off the restitution (which is $1800, $1500 to pick me up in Indiana, and $300-some-odd for court costs) and giving more to my boy.

She seemed to make it clear the last conversation we had that she didn't intend on transferring probation to my home state (indiana).

VA PO · #5 08-12-2013, 10:00 PM

If you want to transfer supervision, you'd have to go through the Interstate Compact. That is a federal regulation, so you phoning a state judge will have zero impact. A state judge cannot force another state to accept supervision. Best thing to do is talk to the PO abut the situation. But I wouldn't tell the PO that moving out of state is the ony way you cane get caught up, because I'd venture t guess there are other ways to legally pay off the restitution.