Can my friend leave the country on probation? 10 Answers as of December 20, 2011
A friend of mine, whom might I say was illegally detained, arrested, and made out as guilty is the one I am asking this question for. He is on 3 year probation now because he has an issue where he caves to lies and just gives in and agrees to lies when under stress. after a year of monthly ritual of back and forth criminal court hearings he gave up and took the guilt plea and got probation for 3 years. I'm just wondering and worried for him. Would he be able to leave the country on promise to never return? I want to try to help him out, but I live in a different state. I don't know what to do for him.Free Case Evaluation by a Local Lawyer!
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LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
It all depends on the court order. It will state if if there is a restriction on travel.
Answer Applies to: California
Replied: 12/20/2011
Feldman Feldman & Associates, PC | Lynne Feldman
He needs to discuss this with his criminal attorney and his probation officer and also consult with an immigration attorney on the ramifications of his departure. He says now he wants to leave but what if he wants to come back in a year?
Answer Applies to: California
Replied: 12/14/2011
World Esquire Law Firm | Aime Katambwe
He can leave the US anytime he wants. We don't stop you from leaving. It's coming back to the US that will become an issue. Good luck! A
Answer Applies to: California
Replied: 12/13/2011
Adesina Law Office, P.C. | Adebayo Adesina
This is a Criminal/Immigration matter. If he leaves the country he will be in violation of the terms of his probation order. However, if he is already an illegal immigrant or Undocumented immigrant, it may not matter after all. Bear in mind he would have violated probation which means the original jail term could be instituted and warrant issued for his arrest. However, if he does not intend to return to the U.S. upon "voluntary departure" then it is does not matter that he leaves.
Answer Applies to: Illinois
Replied: 12/12/2011
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Your friend's probation officer should have the answer as to whether his probation status might be early terminated if he agreed to depart the country.
Answer Applies to: Virginia
Replied: 12/9/2011
Law Offices of Grinberg and Segal | Alexander Segal
The answer depends upon what type of criminal conviction your friend has. It would also depend upon approval from the probation department. Some convictions make an individual subject to mandatory detention. Of course, if he agrees to leave then his detention period would be short. However, before your friend makes any decisions he should consult an attorney to ensure he is doing the right thing and/or understands the consequences of his actions. In some cases, if you depart, you cannot return to the U.S. or it is highly unlikely you will be allowed to return.
Answer Applies to: New York
Replied: 12/9/2011
Immigration Attorneys, LLP | Robert R. Gard
Perhaps he might want to look at the order granting him probation, as that order will likely contain the terms and conditions of his release. He may also want to contact his probation officer and ask him or her.
Answer Applies to: Illinois
Replied: 12/9/2011
Wildes & Weinberg, P.C. | Leon Wildes
Ask the probation people his question.
Answer Applies to: New York
Replied: 12/9/2011
The Law Offices of Kristy Qiu | Mengjun Qiu
If you mean he's not a US citizen, and you want to know whether he can exxhange his criminal sentence with voluntary deportation, the answer is unfortunately most likely no.
Answer Applies to: Florida
Replied: 12/9/2011
Fragomen, DelRey,Bernsen,& Loewy, LLP | David Hirson
Your friend will have to check with his probation officer and/or the court to see if he can travel. The actual crime could also have an immigration impact if he is not a US citizen.
Answer Applies to: California
Replied: 12/9/2011
