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Can I leave the country for 6 months vacation while on probation?

San Francisco, CA |

The judge placed me on court probation for 2 years,and my imposition of sentence is suspended.The judge decided that she just gonna give me to serve 5 days of community services and just ordered me to pay all the fines & assessment,but the 5 days of community services and fines assessment that she gave is already paid & finished.

My question is:
1) I'm planning to take a 6 months vacation out of the country?

2) Is there any chances of getting me permission from the PO or judge to leave the country?

3) Is 6 months vacation is enough to request to leave?

4) Is there possible when i come back to the United States, is there any possible to move to other states (HAWAII) to continue my probation there?

Please help me and advice me for all my question. Thank you..

Attorney Answers 3

Posted

You will need to read the conditions of your probation papers. I would think that you signed something agreeing to abide by the terms and restrictions of probation. See if there is anything in those instructions which restricts your travel. If there is no such restriction, and you have no obligation to report regularly to a probation officer, I can't see why you could not travel for 6 months.

However, if there is such a restriction, or if you have to do something on your case during the period you expect to be out of the US, you will need to get an order from the court. This requires getting your case on calendar for a "modification of probation." It sounds as though you've taken care of business, which will make the court all warm and fuzzy. (You'd be amazed how many people just shine it on.) That is a good thing.

You can transfer your probation to another state. However, since you are on court/bench probation, it would probably be easier to ask the court to terminate your probation early - or - keep you on probation but with the understanding that you will be living in Hawaii. Since you're not being supervised, I don't see any reason why the court would deny you. You might have to make a court appearance in CA when your 2 years are up, just so that the court can make sure that you've been law-abiding, etc.

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Posted

Are you on informal or formal probation? If you are on informal probation, you are not reporting to a probation officer so you can do whatever the Judge said you could do. If you are on formal probation, you need permission from the probation officer and possibly Judge. Through the Interstate Compact, you can transfer Probation to Hawaii.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Posted

Consult your probation guideline ask seek an answer from your probation officer.

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