Can You Travel Out Of State On Probation?
While probation is a good idea in theory, it is not for everyone. Probation is a way to keep people on their paths, stay out of trouble, and improve your overall health.
Probation is a court-ordered period of time during which you are restricted from engaging in certain activities. For example, you cannot work without approval from the probation department.
You can apply for work permits if you want to work while on probation, but you would need the agreement of the authorities to grant you that permission.
Mostly jobs on the lower end of the scale (low pay) are not approved due to safety concerns. Even then, people have a hard time getting into court and receiving that approval due to public outrage at their crimes.
Maybe, depending on the crime
There are a few specific crimes where probation is an advantageous alternative to state parole. The most common crime on probation is marijuana possession.
A judge can decide to give someone a probationary sentence of two years on the condition that they don’t get arrested for another crime for at least one of those years. This prevents someone from going back to prison or being released back into society after one crime.
Another crime of importance is weapon possession. If you’re caught with a gun, powder-driven firearms, or any kind of device that fires projectiles, you can still go on probation but only if there are no criminal charges against you.
If you do get charged, the judge can sentence you to probation with a minimum sentence of zero months and a maximum sentence of two years. It all depends on what charges were brought and who the victim is.
It depends on your judge
Probation is a short period of time during which someone who has been arrested and charged but not convicted can travel out of state without being in trouble. This probation is for 72 hours before and after their court date.
Some judges allow probationers to travel out of state on probation, while others do not. The decision to travel on probation comes from the judge, who may or may not include it in their Probation Plan.
If the judge doesn’t include traveling on probation in their Probation Plan, then can you can can plane yourself!? There are two parts to this rule: 1) You must be reinstated into regular society upon your return to civilization and 2) You must be medically certified safe to return home.
Talk to your lawyer before you go
Check your state’s laws
Even while probation is a jail term, most people don’t think of it that way. We feel like we’re on exile from our former lives, and we explore the world as if it were another place and time.
That’s how we were brought here in the first place – to serve a sentence – so it makes sense that after you serve your time, you move on with your life. But for many people, including those on probation, there is still a lot of stuff they need to get done before they can move onto the next step in their journey.
So, what happens if you fail to report your crime to the state after being sentenced? The state can come after you for restitution, court fees, and any other costs related to your crime. In fact, some states even have “penalties” for not paying them.
Notify your probation officer
While you’re on probation, you may need to appear in court or undergo a court hearing to revoke or modify your probation.
If you have a criminal conviction on your record, your probation may be revoked or modified due to the conviction. If you have a minor crime such as theft, battery, or vandalism, your probation may be modified due to the leniency of the sentence.
Modification of probation requires a new hearing with the parole and court systems. If you want to travel out of state during this period, you must notify your local government and obtain their permission. In some cases, this permission is granted automatically but paying attention can save you time in future efforts to get it.
Traveling out of state on probation can be tricky. It is important to notify authorities in your home state and also any states that will likely require traveling outside of country status.
Give them your travel plans
If your probationer needs to travel out of state on probation, you must tell the probation department. They will need to know where they are going and how long they will be away.
There are some conditions that require a probationer to stay in their home while on probation. This includes staying in a safe place, being permitted to exercise, and being allowed to interact with the community.
If your probationer needs to travel, you must give them sufficient time to arrange transportation and get back home. This can be difficult if you do not have reliable transportation or communications tools.
If your probationer needs to leave their home for any reason, they must notify the housing authority or local government authorities. This can be difficult when neither party is familiar with the other.
Get permission first
When you’re under probation, you can’t leave California without permission from the State Probation Department. You must be on your family’s list of trusted friends and neighbors to contact when you need help.
Many counties have “recruiting” groups that connect people on probation with services such as homeless shelters and drug treatment programs. Some of these groups are labeled as “permission centers,” meaning that only people who are under probationee can receive services from them.
Some permission centers will allow people who have committed a crime but not yet sentenced to jail time to receive services. The expectation is that they will return to normal life and get back into work or school after their sentence is completed.
The downside to this kind of program is that it requires the help of someone who knows you well, because they look out for only those who have done something wrong.
Stay in contact with your probation officer
Probation is a serious step that requires you to stay in contact with your probationary status. Without contact, your probationary status will not be checked or confirmed.
If you miss your probationary appointment, you may be placed on non–attendance status which could mean having to leave the state or being unable to travel out of state on probation.
If you need to go on extended leave, your parole officer may require that you surrender your passport before leaving the state. If you need to travel internationally, your parole officer may prevent you from travelling overseas with a passport.
To keep yourself informed about what is going on in your life, speak to your parole officer about keeping track of phone and email accounts. This way, they can keep track of how you are communicating with the outside world and prevent any unauthorized use of their supervision rights.