Your ability to travel will depend on a number of factors, such as the type of probation.
If you are on probation for a California criminal offense, you likely know that you are required to comply with the terms and conditions of your probation. Yet for many people, understanding the conditions of probation can be challenging. It can also be hard to stick to the terms after several years on probation.
One question that many people have for their Riverside criminal defense lawyer is whether they can take a vacation or otherwise travel when on probation. There are two types of probation in California, felony probation (also known as formal probation) and misdemeanor, or informal, probation. Felony probation requires you to check in frequently with an assigned probation officer, while information probation does not require supervision by a probation officer. California probation typically lasts from three to five years.
If you are currently on misdemeanor probation, you are able to travel — with a big exception. Although you are not required to check in with a probation officer or inform anyone at the Department of Corrections of your travel plans, you may have other requirements to fulfill. For example, if you were convicted of misdemeanor driving under the influence (DUI), you might be required to attend alcohol education classes. You may also be required to attend counseling or do community service as part of your probation. If traveling would prevent you from fulfilling the terms of your probation, you should not go on vacation.
If you are on felony probation, the question of whether you can travel, you should carefully review the terms of your probation with your probation officer and/or your Riverside criminal defense lawyer. The terms of your probation may specify that you cannot travel outside of the county where you live, outside of California, or outside of the United States. Your probation officer may be able to grant you permission to travel even if your probation restricts your ability to do so. If your probation officer denies your request, an experienced Riverside criminal defense lawyer can request that the judge in your case make an exception so that you can travel. Alternatively, your attorney might appeal directly to your probation officer to ask him or her to allow you to travel. Finally, if you have completed at least half of your probation period, your Riverside criminal defense lawyer can work to have your probation changed from formal to informal probation so that you no longer have the same travel restrictions.
If you travel while on formal probation without permission, you may be found to be in violation of your probation — which could lead to you being arrested. The judge could order your probation to be revoked, which means that you will have to serve your original sentence in jail or prison.
Being on probation can be challenging, particularly if you want or need to travel for business or pleasure. However, it is critically important to make sure that you comply with the terms of your probation. An experienced Riverside criminal defense lawyer can help you understand the conditions of your probation, and can potentially modify your probation when possible.
At the Chambers Law Firm, we are dedicated to assisting our clients with their full range of California criminal law issues, from initial arrest through the probation and parole process. If you have been charged with a crime or if you are currently on probation, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled Riverside criminal defense lawyer.
