Can a person on probation travel? 55 Answers as of July 08, 2013

My brother in law would like to travel outside of the country to attend his father's funeral but he is currently on probation. He has less then two months left of probation. Does he need permission?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Yes, if he obtains the permission of the probation department and the court.
Answer Applies to: Michigan
Replied: 10/24/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It is up to the terms of his probation , but usually if he obtains permission from probation officer and reports when he is supposed to it will be OK.
Answer Applies to: New York
Replied: 10/7/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Yes.
Answer Applies to: Michigan
Replied: 6/3/2013
Keyser Law Firm
Keyser Law Firm | Christopher W. Keyser
Whether he is allowed to leave is ultimately up to probation but should also have been spelled out by the judge during sentencing. If he is on probation for a felony offense, he most likely will need to get permission. If he is nearly finished with probation I suspect there should be no problem leaving the country. It's always a good idea to run it by probation nevertheless, just to be on the safe side.
Answer Applies to: Minnesota
Replied: 9/28/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
When on probation you cannot even leave the state without permission let alone the country. Your brother-in-law needs to contact his probation officer to explain the circumstances and ask for permission. Usually they are lenient on such requests as long as they are legitimate and reasonable. If the PO denies the request, he can always petition the judge.
Answer Applies to: Michigan
Replied: 9/28/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If he has travel restrictions he will need permission. This is usually no problem if the probation officer is made aware of the need for travel.
    Answer Applies to: Alabama
    Replied: 9/28/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Ask his probation officer.
    Answer Applies to: New York
    Replied: 6/24/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the conditions put in place by the probation office. In some cases, the answer is yes, in others, it is no.
    Answer Applies to: Minnesota
    Replied: 9/27/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If he is on summary probation he does not need permission. If he is on formal probation he needs to check with his probation officer.
    Answer Applies to: California
    Replied: 9/27/2011
    Thomas Humphrey, Attorney at Law
    Thomas Humphrey, Attorney at Law | Thomas Humphrey
    That depends on the terms of his probation. However, it is a typical term of supervised probation that the person not travel outside the county or judicial district without first obtaining the permission of his or her probation officer.
    Answer Applies to: Idaho
    Replied: 9/27/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    He has to ask for permission from probation, if it's denied he can hire an attorney to bring a motion before a judge but the first and cheapest step is always to just ask probation. If they deny it there are still options.
    Answer Applies to: New York
    Replied: 9/27/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    If he is on supervised probation, he needs permission to leave the county, let alone the country. Yes, he needs permission.
    Answer Applies to: North Carolina
    Replied: 9/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, he will need the permission of the judge to travel outside the area where he is on probation. That could be out of county, state, or country. He should consult with his probation officer to determine what steps he should take to get the judge's permission. Failure to do so could be a probation violation.
    Answer Applies to: Kansas
    Replied: 9/27/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Normally this is an issue only when a person is on formal probation and supervised with a probation officer and then when the conditions of probation limit his travel. The safest thing is to advise the probation officer of the impending travel and secure his permission.
    Answer Applies to: California
    Replied: 9/27/2011
    Lopez Law Firm
    Lopez Law Firm | Jaime O. Lopez
    Usually you do need permission. Read the terms of probation. Notify the probation officer and request a "permission to travel." If it is out of state, some Courts require that a cash bond be posted.
    Answer Applies to: Texas
    Replied: 9/27/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes he can travel but needs permission of ppo. Going to another country may be prohibited by receiving country immigration laws. FYI Canada prohibits indictable offenses.
    Answer Applies to: New Hampshire
    Replied: 9/27/2011
    Peter Duarte, Attorney at Law
    Peter Duarte, Attorney at Law | Peter Duarte
    There are two types of probation, formal and informal probation. A person on formal probation has a probation officer and must notify and get permission from his probation officer if he wants to travel out of the county. Informal probation is much more lax. There is no reporting to a probation officer and does not require any permission.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    If your brother is on formal probation he will need permission. If he is on summary probation he is good to go.
    Answer Applies to: California
    Replied: 9/27/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Yes, he would need permission to travel overseas.
    Answer Applies to: Michigan
    Replied: 9/27/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, he will need permission from his probation officer.
    Answer Applies to: Georgia
    Replied: 9/27/2011
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    Yes. If your brother-in-law was to leave the country without permission, then he could be charged with violating the terms and conditions of his probation. This could result with the judge imposing the suspended sentence in his case. As a general rule, probation departments will allow individuals to travel outside of the country, especially in the cases like a funeral, so long as they are asked in advance and the probationer can provide some evidence of why they are traveling outside of the country. If the probation department was to deny the request, your brother-in-law or his attorney could file a motion with the judge asking that he be given permission to travel outside of the country for his father's funeral. The judge may want to see some proof attached to the motion, such as a death certificate, funeral paperwork, or newspaper article, which should be easy to obtain and provide to the judge.
    Answer Applies to: Ohio
    Replied: 9/27/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It depends on the conditions of his probation, whether it is only for a misdemeanor or a felony. If it is only misdemeanor then he doesn't need to worry. If it's supervised, felony probation then he should clear it with his probation officer first to be safe.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Yes. You must get permission from your PO or probation judge.
    Answer Applies to: Oregon
    Replied: 6/3/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If it is informal/summary probation, then he can travel anywhere he wants at any time. S
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Yes, he absolutely has to get permission from his probation officer before leaving the county, the state and definitely the country.
    Answer Applies to: California
    Replied: 9/27/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    If he is on court probation, he doesn't need permission. If he is on felony probation he should clear it with his probation officer.
    Answer Applies to: California
    Replied: 9/27/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes he needs permission to leave the state not just the country. He would have get this from the judge in his case. He should contact an attorney.
    Answer Applies to: Michigan
    Replied: 9/27/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That depends on the conditions of his probation. Ask his probation officer if he has travel restrictions.
    Answer Applies to: New York
    Replied: 6/24/2013
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    That depends on whether he is on court probation or probation with a probation officer.If he has a PO he is better off to ask than to be in trouble, especially if he is almost done.I don't know about what restrictions there may be on his passport if he is on probation.He may need to check with those people before trying to leave the country.
    Answer Applies to: Utah
    Replied: 9/27/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    It depends on the conditions of his probation. Most of the time, on formal probation, you need permission to travel outside the country. The probation officer may be able to give this permission or they may want to leave it up to the court.
    Answer Applies to: California
    Replied: 9/27/2011
    The English Law Firm
    The English Law Firm | Robert English
    It depends on the conditions of probation. You would need to check with the probation department for specifics.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes, he likely will need permission from his cco. Also, if he is on probation for a felony, some countries will not allow entry for a convicted felon. Canada will not even allow those with misdemeanors in. Check with the consulate for the country he intends to travel to.
    Answer Applies to: Washington
    Replied: 9/27/2011
    Law Office of Thomas Baynton
    Law Office of Thomas Baynton | Thomas B Baynton
    yes, you may not leave the state without permission from the judge if this is a condition of your probation. To leave could subject you to a probation violation if you are caught.
    Answer Applies to: Michigan
    Replied: 9/27/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If it is a felony he needs permission. If it isn't a felony, he should still check with probation to determine if permission is needed.
    Answer Applies to: Minnesota
    Replied: 9/27/2011
    The Law Offices of Correen Ferrentino
    The Law Offices of Correen Ferrentino | Correen Ferrentino
    Yes. He should go to court and ask the Judge for permission to travel. He should take proof of his travel arrangements, the funeral location, time and date and where he will be staying.
    Answer Applies to: California
    Replied: 9/27/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes. Ask PO. If PO says no, thwn set a court date.
    Answer Applies to: California
    Replied: 6/3/2013
    Anabelle Dias, P.A.
    Anabelle Dias, P.A. | Anabelle Dias
    Absolutely. Tell him to contact his probation office and get permission before traveling out of county.
    Answer Applies to: Florida
    Replied: 9/27/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. But if he's on formal probation he should ask his probation officer first.
    Answer Applies to: California
    Replied: 6/3/2013
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    A person on probation is under certain restrictions, one of which may be not to travel outside of the jurisdiction without permission. If you need to travel you should contact your probation officer and seek permission. If permission is denied, you may apply to the Court that sentenced you to probation.
    Answer Applies to: New York
    Replied: 9/27/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I believe he can but he should double check with his Probation Officer.
    Answer Applies to: New York
    Replied: 7/8/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    He absolutely needs permission and it may not be granted. His probation officer will have to consult with the court liason officer or the court directly about getting permission so he needs to request permission immediately. If he travels without permission and his probation officer finds out, then his probation could be revoked.
    Answer Applies to: Texas
    Replied: 9/27/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Notify the probation officer, who can get the request to travel in front of the court, and if you can establish a good reason for the trip, I would guess he could travel, just do not do so without Order of Court granting your request.
    Answer Applies to: Illinois
    Replied: 9/27/2011
    Mitch Foster Law
    Mitch Foster Law | Mitchell T. Foster
    Yes he needs permission, or he could be charged with probation violation. He needs permission from the judge in most cases. An attorney can file a motion to get permission to travel out of state or out of the country.
    Answer Applies to: Michigan
    Replied: 9/27/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    It depends on the type of probation he is on. If your brother is on Felony probation and has been assigned a probation officer, he must get approval from the probation officer or the judge to travel outside the country.
    Answer Applies to: California
    Replied: 9/27/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes your friend will need to secure permission from the probation officer. Depending on the conviction, he may or may not be admitted to his father's country. For example, Canada will not admit a convicted felon under normal circumstances. He should talk to the consular office of his father's country to ensure he can travel there.
    Answer Applies to: Washington
    Replied: 9/27/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    That depends on the terms and conditions of his probation. He should check with the probation officer.
    Answer Applies to: Washington
    Replied: 6/24/2013
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Usually, yes. But you need permission from your probation officer or the Court.
    Answer Applies to: Texas
    Replied: 9/27/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    He should go to his probation officer with some sort of proofof the death like a death certificate. If he ison informal probation and the judge didn't specifically restrict him to the county, or California, he can go. I amassuming he has no appointments with probation that will happen when he is gone.
    Answer Applies to: California
    Replied: 9/27/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    If formal probation, yes. If informal, usually no permission needed! If formal, ask probation officer, usually granted!
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of James S. Lochead
    Law Office of James S. Lochead | James S. Lochead
    If it is formal probation, your brother needs to go to court and get the Judge's permission, i.e. - a court order allowing him to travel outside the U.S. There is no similar requirement if your brother is merely on Summary Probation or informal probation.
    Answer Applies to: California
    Replied: 9/27/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes he does.
    Answer Applies to: Michigan
    Replied: 6/3/2013
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Yes, He needs permission. If he leaves without permission it can be considered a violation of his probation. If need be he can also file a motion with the Judge for permission if the probation officer refuses.
    Answer Applies to: Massachusetts
    Replied: 9/27/2011
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