If you are on probation for a criminal violation in California, you are certainly aware that you must adhere to the terms and conditions of your probation. However, many people find it difficult to comprehend the terms of probation. After several years on probation, it can be difficult to stick to the rules.
Many clients ask their criminal defense lawyer if they can go on vacation or travel while on probation. In California, there are two types of probation: felony probation (also known as formal probation) and misdemeanor probation (sometimes known as informal probation). While felony probation requires you to check in with an appointed probation officer on a regular basis, information probation does not. Probation in California usually lasts three to five years.
Keep reading to find out what your travel options are on either type of probation. If you have additional questions or have been charged with violating your probation, contact Chambers Law Firm at 714-760-4088.
You could be eligible to travel while on misdemeanor probation
You are allowed to travel while on misdemeanor probation, with one major limitation. You are not required to check in with a probation officer or notify anybody at the Department of Corrections about your travel intentions, but you may have other obligations.
You may be obliged to attend alcohol education programs if you were convicted of misdemeanor driving under the influence (DUI). As part of your probation, you may be compelled to attend counseling or perform community service. You should not take a vacation if it will prohibit you from meeting the requirements of your probation.
You have fewer options if you are on felony probation
If you are on felony probation, you should carefully discuss the terms of your probation with your probation officer and/or a criminal defense lawyer before traveling. You may be prohibited from traveling outside of your home county, California, or the United States under the terms of your probation.
Even if your probation prevents you from traveling, your probation officer may be able to grant you permission. If your probation officer refuses, an experienced criminal defense attorney can ask the judge in your case to establish an exception so you can travel. Alternatively, your attorney could make a direct request to your probation officer to allow you to travel.
Finally, once you have served at least half of your probation time, your criminal defense attorney can try to have your probation modified from formal to informal probation, removing the travel limitations.
You could face serious repercussions for traveling if you do not have permission to do so
If you travel without authorization while on formal probation, you may be found in breach of your probation, which could result in your arrest. Your probation could be cancelled by the judge, meaning you’ll have to serve your original term in jail or prison.
Probation can be difficult to manage, especially if you want or need to travel for business or pleasure. It is, nevertheless, crucial that you follow the terms of your probation. An expert criminal defense lawyer can assist you comprehend your probation requirements and, if necessary, adjust your probation.
At Chambers Law Firm, we are committed to aiding our clients with a wide range of criminal law concerns in California, from initial arrest to probation and parole. We can assist you whether you have been charged with a felony or are currently on probation. To schedule a free initial consultation with a skilled criminal defense lawyer, call 714-760-4088 or email dchambers@clfca.com today.
