My mentee will get out of jail for petty theft after his 60 days. He is being given informal probation. He wants to go live with his father in Arizona. Can he move there during the next 3 years?
Criminal Defense Attorney
Yes he can move however to be on the safe side he should go to the calendar department of the court that he was convicted in and ask to be put on calendar for a probation modification. Since he is on informal probation, he does not have a probation officer to ask for permission.
He should attend the hearing and explain to the judge that he wants to move. The judge will probably approve it and he will basically be done with probation because the new state should not bother him.
I agree with Mr. Martin. It is probably a good idea to get the matter put on calendar and make a formal request to the judge who originally sentenced him. It should not be any problem. Sixty (60) days for petty theft? Are you sure that is what he was sentenced for?
DUI / DWI Attorney
Yes you are free to leave the state when you are on informal probation. Just make sure that he completes any other term of probation (court costs, classes, restitution, etc.)
Thanks for your posting.
The answer to your question is that informal, or summary probation, has no restrictions on where you may live, relocate to, or be employed by. The terms of summary probation are in the probation order, but typically include the warning to "violate no law", and to complete all terms of the court's sentence. As long as those are complied with, there is no problem moving anywhere.
Keep in mind that Penal Code section 1203.3 allows someone to terminate probation early. See a lawyer for the details about that.
I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.