Early Release From Probation WA-Seattle

[Marksofine]

Hello all, first time posting so hoping to get some helpful information.

Before Feb-2023 I had no priors, no arrests, not even a parking ticket. At the end of Feb-2023 I took a plea of guilty in exchange for deferred sentence in King County District Court for 2 counts gross misdemeanor in RCW 7.105 (temporary restraining order violation) for a single text and a single email to my ex-wife. No underlying violence or allegations of violence.

As part of my plea, I agreed to complete some mental health evaluation, DV-MRT, and pay something like $500 in fines. A five year NCO was put into place with ex-wife. No jail time was ordered and I was put on two years of ACTIVE probation, with reversal of guilty plea if I stayed out of trouble for the two years.

Fast forward to today (Sep-2023). I have completed all of my necessary classes, paid all fines, and completed all treatment items. I have not violated any no-contact orders and have no new criminal law violations. That said, I’ve been out of work for six months and finally found a job in Kansas. I have been recently put onto “compliance monitoring” (sometimes called informal or summary compliance in other states, essentially I don’t report to the probation office anymore) by my probation officer in King County.

My options, according to probation officer were threefold:

1. Stay in WA and try to find work while staying on “compliance monitoring”
2. Apply for discretionary IAOCS (Interstate Compact) transfer into KS, which of course is not guaranteed. I have a job offer in hand but no family there other than the two kids I would bring with me (I have sole custody)
3. Ask judge in King County to discharge probation requirements or ask them to allow me to move to Kansas (which they would likely just point to Interstate Compact in that case)

I’ve talked to about a half dozen attorneys and groups here ranging from Tacoma to Seattle (including the attorney that walked me through original criminal Items on Feb-2023) and most have said that asking the judge to terminate probation early is equivalent to pounding sand. The deferred sentence is a “gift” that is rarely given out, and I would be seen as being problematic more than anything.

What are your thoughts?

[Lexus]

A few thoughts:
Staying in Washington and completing your probation as required is the safest option. It appears you have made significant progress and are in compliance with the terms of your probation. Once your probation period is over, you may have more freedom to relocate without complications.

Applying for an Interstate Compact transfer to Kansas is an option, especially if you have a job offer there and intend to move permanently. The Interstate Compact allows for the transfer of supervision between states. However, it's essential to understand that this process can take time, and approval is not guaranteed. Your probation officer should assist you with the application process if you decide to pursue this option.

Asking the judge to discharge--though possible--seems not likely. But if you take that route hire a skilled lawyer that has done it before and knows the judge by practicing in his court.

[adjusterjack]

I agree. Stay in WA and seek work. Behave and finish your probation.

But I have another reason.

Assuming that your ex wife is the mother of the children that you would want to move with, I can almost guarantee you that, once you apply to move, she will file for visitation (despite the NCO) and that will open up a whole new can of worms for you.

That piece of ****e (as the British say) destroyed your life over an effing email/text. She is just toxic enough to do it again.

[Marksofine]

I agree. Stay in WA and seek work. Behave and finish your probation.

But I have another reason.

Assuming that your ex wife is the mother of the children that you would want to move with, I can almost guarantee you that, once you apply to move, she will file for visitation (despite the NCO) and that will open up a whole new can of worms for you.

That piece of ****e (as the British say) destroyed your life over an effing email/text. She is just toxic enough to do it again.

I should clarify: ex-wife is not the mother of my children. Mother of my children lives in KY which is much closer to Kansas.

[Marksofine]

A few thoughts:
Staying in Washington and completing your probation as required is the safest option. It appears you have made significant progress and are in compliance with the terms of your probation. Once your probation period is over, you may have more freedom to relocate without complications.

Applying for an Interstate Compact transfer to Kansas is an option, especially if you have a job offer there and intend to move permanently. The Interstate Compact allows for the transfer of supervision between states. However, it's essential to understand that this process can take time, and approval is not guaranteed. Your probation officer should assist you with the application process if you decide to pursue this option.

Asking the judge to discharge--though possible--seems not likely. But if you take that route hire a skilled lawyer that has done it before and knows the judge by practicing in his court.

I would stay in WA if I thought I could find work. I have a masters degree in physics and was part of the latest layoffs at Meta. Unfortunately I have pigeonholed myself of even technician-level jobs because of my degree. I’d been looking for work for the last six months, with 1000s of applications. This offer in KS is actually my first and affords an INCREASE in salary and is also a low cost-of-living area. That, and I would be really really far away from my ex-wife.

That last part is very important to me, since we have no children together (my children are from another woman) and ex-wife was charged with domestic assault/battery against me and was arrested/jailed last fall because of it. Again I want to clarify the ex-wife assaulted me, was arrested, was jailed, and I’m the one that ended up with two gross misdemeanors.

[adjusterjack]

ex-wife is not the mother of my children

Good to know.

I’ve talked to about a half dozen attorneys and groups here ranging from Tacoma to Seattle (including the attorney that walked me through original criminal Items on Feb-2023) and most have said that asking the judge to terminate probation early is equivalent to pounding sand.

"Most" have said that?

Implying that some have opined otherwise?

What did those say?

[Marksofine]

Good to know.



"Most" have said that?

Implying that some have opined otherwise?

What did those say?

After filing a motion today the clerk was completely flabbergasted. They said they had never seen such a motion before in their entire career.

Clearly it’s a fairly rare ask

[adjusterjack]

After filing a motion today the clerk was completely flabbergasted. They said they had never seen such a motion before in their entire career.

No surprise. Court clerks aren't lawyers and know little beyond which end of the rubber stamp to apply to a document.

😎

[Marksofine]

I did hear from probation here in King County, WA: apparently, they will only take a neutral stand on recommending early termination of probation. That is to say if a judge asks them, they will neither recommended or "not recommend" someone to end probation early. Seems backwards to me, but this is Seattle after all...