Probation, whether for a felony or misdemeanor, comes with a set of limitations. A common question is: Can You Travel Out Of The Country While On Probation? The answer depends on the specifics of your release agreement. Generally, rules differ between summary (misdemeanor) and formal (felony) probation. Even if your agreement prohibits crossing state borders, you might be able to obtain a permit to travel through the probation department.
Can a person on felony probation travel?
Understanding the Two Types of Probation
Probation serves as a penalty for both misdemeanor and felony convictions, but the restrictions vary significantly. Misdemeanor probation, also known as informal or summary probation, carries fewer rules than formal probation, which is assigned to those convicted of felonies. Understanding the type of probation you’re under is crucial to knowing if you can travel out of the country while on probation.
Traveling Out-of-State or Internationally on Misdemeanor Probation
Summary probation is less restrictive, often not requiring regular check-ins with a probation officer. However, all probationers must sign an agreement detailing specific rules, and violating these terms is a criminal offense. While the primary rule is not violating any laws, other requirements might include anger management, DUI classes, restitution, or abstaining from drugs and alcohol. Generally, leaving the state is permitted on summary probation in California, but always review your specific terms.
Navigating Travel Restrictions on Formal Probation
Traveling while on formal probation for a felony is more complex. International and domestic travel, even leaving the county, typically requires your probation officer’s approval. To can you travel out of the country while on probation, the probation officer will assess if your travel might lead to a violation of your probation conditions, such as missing counseling sessions or other mandatory meetings.
If your request is denied, a lawyer might be able to persuade the officer to reconsider, or petition the judge for an exception. Another option, if you’ve completed half your probation period and adhered to all terms, is to request your attorney to convert your formal probation to a summary agreement, which has fewer restrictions. With summary probation, you generally don’t need permission to travel out-of-state or internationally. Remember, you still need to adhere to the terms of the modified probation agreement.
How Long Does it Take to Get a Travel Permit?
The time to obtain a travel permit varies based on the probation officer, jurisdiction, and probation terms. Start the process as early as possible, especially for international travel, as your probation officer’s supervisor and director must approve the permit. International travel permits can take months, and are usually reserved for business or urgent family matters, not leisure trips.
Consequences of Unauthorized Travel
Traveling on formal probation without permission from your probation officer can result in accusations of violating your probation terms. A skilled lawyer can help fight these violations, especially if an emergency necessitated the travel.
Can a person on felony probation travel?
For example, accidentally drifting into another state while boating might not result in legal consequences if you return immediately. Similarly, receiving emergency medical care across county lines is unlikely to lead to imprisonment.
Always consult with a criminal defense lawyer before discussing your situation with the police or probation officer to avoid hurting your case. Since you’ve already been convicted, you are not guaranteed an attorney and might be jailed without bail while awaiting a hearing.
Job Opportunities in Another County
Securing an exemption to travel between counties for work while on felony probation requires a criminal defense lawyer who can convince a judge to modify your probation conditions.
Moving to the county where the new job is located might seem simpler, but relocating out of the county on formal probation requires a court order.
Moving While on Probation
If you want to move to another county in California while on formal probation, the court will usually approve a jurisdictional transfer, where the new county’s probation department monitors you. Most court-ordered programs can be completed out of county or even out of state. However, house arrest must be served within the county.
Moving out of state requires a local court order and acceptance of your supervision by the new state through an interstate compact agreement. If you are required to register as a sex offender, you must continue registration in your new state.
If you have questions about probation, international or domestic travel, or any condition of your California release agreement, consult with a qualified attorney to discuss your specific situation.
