Can You Leave the State While on Probation?
When you’re on probation, there are several rules you need to follow, and it’s essential to adhere to them if you wish to remain out of jail. Probation rules vary based on the crime and the situation. While it can be frustrating, it’s always in one’s best interest to follow the rules set forth by the judge or probation officer.
The ability to leave the state is an important topic when it comes to probation. Some of those rules are based on where you can travel to. Today, we will cover some common questions regarding probation and travel across state lines.
How Does Probation and Travel Work?
Probation is granted when someone is not considered a threat to society by the state any longer. It’s typically granted for misdemeanors. For first-time offenses and less serious crimes, probation is often granted as the primary punishment. Other times, it occurs after a period of prison time or jail time.
Probation isn’t just about supervision. Many stipulations and rules come with the sentence.
Generally, when you’re on probation, you’re allowed to travel out of state when you have a permit given to you by your probation officer. This approval with a permit can vary based on your reasons for traveling. Communication needs to be open between you and your probation officer so that all stipulations are met in these cases.
You should report to your probation officer regularly when traveling. Providing the details on the travel time, destination, and length of stay is crucial.
Can You Travel If You are on Probation For a Misdemeanor?
Misdemeanors are crimes that are considered less severe than Felonies. They are often convicted with a plea deal. Misdemeanors are typically much more likely to have travel allowances than felonies.
Generally, the less severe the crime, the more likely a probation officer can grant travel permissions. Every case is different, and the best way to get allowances is to cooperate with your probation officer, communicate, and follow the rules while on probation.
Can You Travel If You are on Probation For a Felony?
Felonies are considered more severe crimes compared to misdemeanors. Determining if you’re a flight risk, though, can be tricky depending on the crime.
Your probation officer is less likely to allow travel permits when convicted of a felony, but that doesn’t mean it cannot happen. If the travel is essential, and the person convicted communicates well and has followed the rules, they are more likely to be granted travel permission. Again, you will need to keep communication open during the trip and stay out of legal trouble.
How Do You Get Permission to Travel While on Probation?
If you desire to travel while on probation, you should first contact your probation officer. You should explain the situation and the reason you need to travel. This is especially true if it’s work-related or an emergency of some sort.
If you are considered a flight risk, and your probation officer fears you may attempt to flee or commit another crime, it might be unlikely you will get approved.
If your probation officer has reason to have faith in you and doesn’t believe you are a flight risk, they are more likely to allow you to travel. This is especially true if the trip is essential.
When Should You Contact a Lawyer?
First and foremost, you should work with your probation officer to get on the same page with the terms and conditions of your probation. If you follow the rules and stipulations of your probation, it should pass smoothly without any issues.
However, mistakes do happen, and you may incur a violation of your probation. When this happens, you should communicate with your probation officer immediately. Sometimes this violation could be related to travel, and sometimes you have issues requesting permission to travel.
Sometimes the help of a lawyer or other legal professional is necessary if you need to travel, and your probation officer won’t grant permission. Your attorney can aid in explaining the situation to your probation officer and negotiating an agreement.
If you suspect or feel your probation officer has mistreated you, an attorney can help you with your case. Sometimes your legal team can resolve these issues quickly.
In the case of travel, it is not a prohibited act for those on probation. It’s usually an available option, but does depend on multiple circumstances. So, contacting legal help when denied may be your best solution if you’re not getting anywhere with your probation officer.
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The Schwartz Law team has been serving Cobb County with experienced, proven legal defense strategies for years. We specialize in DUI cases and drug-related offenses, traffic crimes, and general criminal defense.
Andrew L. Schwartz is a highly experienced former prosecutor and will tenaciously defend you using his knowledge and experience to provide the best solutions to your legal problems and build a solid defense to protect you and your rights. Contact us today so we can help you fight for your freedom.