Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Ask a Criminal Defense Attorney: Can I Leave the State if I Am on Probation?

Summer has here, and you may be considering vacation, but how will this work if you are on probation? You can talk to a criminal defense attorney or contact your probation officer for guidelines particular to your situation. Meanwhile, learn the fundamentals of traveling lawfully while on probation in California. Depending on the sort of probation you're on, there's a lot to consider.

In the state of California, there are two forms of probation. The first type of probation is felony probation, which is often known as "formal" or "supervised" probation. This necessitates frequent contact with the probation officer. The other major category is misdemeanor probation, which is sometimes known as "informal probation" since it does not require supervision or reporting to a probation officer.

Traveling while on probation for a misdemeanor

A person on probation for a misdemeanor is usually permitted to travel. They don't have to notify anyone about their intentions because they aren't working with a probation officer. They are not, however, completely free. They must still follow the terms of their probation. If you are obligated to attend therapy, drug or alcohol rehabilitation sessions, or community work, for example, you must ensure that none of these obligations are jeopardized before you leave.

When you're on felony probation, you can't travel

You may be prohibited from traveling outside of your county as part of your felony probation. If you do decide to leave the county, review your probation terms and speak with your probation officer. They might be able to offer you travel authorization.

If your probation officer denies your request to travel, you might have your criminal defense attorney petition a judge for an exemption. We may be able to alter your formal probation to informal probation if you have fulfilled at least 50% of your probation, which would not impact your eligibility to travel.

It is not a good idea to travel without the consent of a probation officer

If you leave the county while on official probation, you are most certainly breaking your terms of probation. It's possible that you'll be arrested and a court will find you in breach of your probation. As a consequence, your probation may be revoked, and you may be sentenced to jail or prison for the remainder of your term.

It's critical to double-check that traveling will not jeopardize your probation. If you have any questions or want legal assistance, please contact Law Office of Michael L. Fell at (949) 585-9055. You may also send us an email or use our online contact form. We are here for you because you deserve to have an attorney on your side. Please contact us right away.