Yvette Brown There is the opportunity of traveling out of the country even when an individual is nonetheless inside their probationary period. However, to do so at some point in this time, the probation officer needs to approve the travel, and in certain cases, the individual can also solely journey outside the country for emergencies. So, what are the exceptions? Keep reading, please.
What Is Probation
Still, your criminal defense attorney would ask the judge to “ suspend ” your sentence and grant probation instead of taking you to serve time in jail or captivity, If you’re condemned for a misdemeanor or felony crime in California.
Probation gives you the occasion to complete your sentence out of custody under what’s known as “ tentative release. ” You’re generally placed on probation for three to five years in California. However, you may be suitable to have your guilty plea set away, If you successfully complete your probation.
Types Of Probation
Felony probation – Also known as “ formal probation ” or “ supervised probation, ” this type of probation is available to those who were condemned to a felony offense. It requires you to check in constantly with your assigned probation officer.
Misdemeanor probation – Also known as “ informal probation, ” this type of probation doesn’t require you to be supervised by a probation officer.
Misdemeanor Probation
Whether the person acquires probation through negotiation, contending shamefaced or by mollifying the possible damage a conviction will beget, he or she may have a better chance of successful issues in his or her life through a misdemeanor than with a felony.
This could ensure better arrangements after the conviction transpires similar to the capability to travel out of state when necessary or to keep a job. Still, it’s indeed possible that probation will remain short or the entire matter will vanish from the person’s record after the judgment ends. The less severe circumstances, the better chances are generally that the probation officer will permit a case of the trip out of the state.
Felony Probation
Still, the terms of your probation may state that you aren’t allowed to travel out of the county in which you live If you’re on felony probation. Before you travel out of the county, you should review the terms of your probation and consult with your probation officer. Grounded on the terms of your probation, your probation officer may be suitable to grant you permission to travel. So, what happens if the probation officer denies your request to travel?
An experienced criminal defense attorney from Wallin & Klarich can request that a judge make an exception to allow you to travel or he or she may be suitable to speak with your probation officer to move him or her to allow you to travel. Also, your criminal defense lawyer may be suitable to have your probation changed from formal to informal probation under PC1203.03 if you have completed at least half of your probationary period.
Permitted Travel
When on probation, the individual requirements to first contact his or her probation officer. The event, circumstances, and specific situation need review and explanation. With continued communication and the details revealed, the person may travel with the authorization of the officer. However, the travel may remain in banned status, If there are any risks that the person will attempt to flee or commit another crime. Still, with faith in the convict, the officer will grant authorization. Also, it’s a matter of continued contact and information from the individual to the probation officer to ensure that everything is above board and in line with the conditions and rules of probation.
Contact And Assistance Of The Lawyer
The individual may not need to maintain contact with his or her lawyer throughout the probationary period, but when a violation occurs, it’s important to communicate the issue incontinently. Any complication in traveling out of state may require the help of a lawyer to smooth over the matter. The legal professional may need to speak with the probation officer to explain the situation.
However, a legal professional may need to communicate with the officer or attempt to change the person for the client, If the person receives illegal treatment from the probation officer or is unfit to travel out of state in an emergency. The trip isn’t strictly a prohibited act, but when following all rules, the individual generally has the option.
What Happens If I Travel Without Permission From A Probation Officer
Still, you’re likely in violation of your probation, If you leave the county while on formal probation. This means you could be arrested and be found by the judge to be in violation of your probation. This could lead to you having your probation revoked and serving your original sentence in custody.
Before you travel while on probation, you should speak to an experienced criminal defense lawyer at Wallin & Klarich. We can help you determine if traveling would violate a condition of your probation and potentially help you end your probation beforehand.
Still, communicate with the experienced criminal defense attorneys at Wallin & Klarich, If you wish to modify any of the conditions of your probation if you want to end your probation beforehand. Our professed and knowledgeable lawyers have been successfully representing clients in probation matters for further than 40 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you’re located.
