You probably already know that you must adhere to the requirements of your probation if you are on probation in California. However, it might be difficult for many people to comprehend the probationary requirements. It might sometimes be challenging to adhere to the conditions after being on probation for a while. Read on to learn the basics. Contact Chambers Law Firm at 714-760-4088 if you are in need of a free legal consultation with a criminal defense attorney.
There are two types of probation
Is it possible to take a vacation or travel in any other way while on probation? In California, there are two different forms of probation: formal probation for felonies and informal probation for misdemeanors. While informal probation does not need to be monitored by a probation officer, felony probation calls for regular check-ins with a designated probation officer. Probation in California normally lasts three to five years.
Traveling while on misdemeanor probation
You are permitted to travel while on misdemeanor probation, but there is a significant exception. Despite the fact that you are not obligated to notify anybody at the Department of Corrections of your travel plans or check in with a probation officer, you might still need to do so in order to comply with other obligations.
To provide one example, you could have to go to alcohol education programs if you were found guilty of a DUI. As a condition of your probation, you could also need to go to therapy or perform community service. You shouldn’t take a vacation if doing so would make it impossible for you to complete the requirements of your probation.
Traveling while on felony probation
If you are on felony probation, you should carefully evaluate the conditions of your probation with your probation officer and/or your criminal defense attorney before deciding whether you can travel. You may be prohibited from leaving your home county, California, or the United States, according to the terms of your probation. Even if your probation has restrictions on your trip, your probation officer could still be able to give you the go-ahead.
If your probation officer rejects your request, a skilled criminal defense attorney can ask the judge to establish an exception so you can travel. As an alternative, your attorney could make a direct request of your probation officer to let you go on vacation. Finally, your criminal defense attorney can try to get your probation modified from formal to informal probation so that you no longer have the same travel limitations if you have served at least half of your probation time.
Potential consequences if you travel without permission while on probation
You might be deemed to be in breach of your probation and arrested if you travel while on formal probation without permission. If the court decides to revoke your probation, you will have to serve the remainder of your original sentence in jail or prison.
It might be difficult to be on probation, especially if you want or need to travel for work or pleasure. However, it is vitally necessary to make sure you adhere to the probationary conditions. You may better grasp the probationary requirements with the assistance of an accomplished criminal defense attorney who can also, if necessary, petition to adjust your probation.
Call a criminal defense attorney for help with your specific case
Chambers Law Firm is committed to helping clients with all of their criminal law-related problems in California, from the time of their first arrest through the probation and parole procedures. We can assist whether you have been accused of a crime or are presently on probation. To arrange a free first appointment with a knowledgeable criminal defense attorney, contact us right away at 714-760-4088 or dchambers@clfca.com.
