You are here:

Criminal Law/violation probation


If a person violates probation in one state and is arrested in another is there any way to petition the courts into letting the person serve the remainder of their time in the state they are caught in ?


It would depend on the situation - your scenario is unclear. If the person violated probation in one state (and was formally charged) and then arrested on that charge in another state, the Reader's Digest version is yes, but the two states would have to agree. However, if they were arrested in another state on a different charge, the answer would most probably be no. They would serve their time on that local charge and the probation violation would most probably be placed on him/her as a Detainer. They would then be extradited to the state with the probation violation to serve that time.  

As one might suspect, keeping individuals incarcerated costs individual states significant amounts of money so they are not anxious to house "out-of-state" inmates in addition to their own inmates. However, many states have agreements to house each other's inmates on a case-by-case basis. These agreements are usually forwarded by the local prosecutors/probation office to the receiving prosecutor/probation office.

The MPM Group, Inc.  

Criminal Law

All Answers

Answers by Expert:

Ask Experts


Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

Past/Present Clients
Protected by Privacy Agreements

©2017 All rights reserved.

[an error occurred while processing this directive]