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On misdemeanor probation in CO. Was denied travel permit 2x for important family issues. What can happen if I go anyway?

Broomfield, CO |

Entered into a plea beg. of Aug 2013 to a class 1 misd. / Poss. of Controlled Substance Schedule V & received 2 years probation. This is my 1st offense. I am on random UAs. My 1st UA was + for THC (disclosed marijuana use to PO & UA was within 1st month of probation). 2nd UA was also + for THC but level went up. 3rd UA clean. I'm supposed to leave in 2 days (airfare purchased) for 1 week. My 1st req. for travel (for family wedding) was denied only due to increased THC levels (fines are up to date & all other req. met so far). After my 1st denial, ironically my uncle I would be seeing at the wedding is newly terminally ill. I sent in 2nd req. for permission for the same trip & got denied again. What are my options if I decide to go anyway? I can't miss seeing my uncle before he dies. :*(

Attorney Answers 3

Posted

You are, most likely, facing very few consequences, if any. Probation officers generally do not file revocations of probation until after a couple missed UAs or hot tests. If you leave the state and miss a UA during that time, you may be risking a revocation, but it is unlikely. Much depends on the other requirements of your sentence and your probation officer. If you are communicating with them well and are up to date on all of you classes or public service, you will probably be fine. Most likely, they'll never find out if it is a brief trip. In the end, it may be more important to see your uncle for the last time than any of the consequences you are likely facing, and it may be easier to beg forgiveness for this than to ask permission.

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Posted

I'm wondering if you know if my P.O. would legally be able to obtain my flight records from the airline and check to see if I made/missed my flight or not; when I requested a travel permit twice and was denied I had to provide the flight information as well as the address where I will be staying...It seems like it would be a huge effort & waste of money for police in another state to track me down and arrest me/extradite me based only on the fact that I left Colorado while on probation and was not granted permission, but maybe not? I know I was pretty disappointed on the phone (almost in tears) when she told me that I was denied a 2nd time by her supervisor and that there was nothing else I could do about it. So I hope that she doesn’t do extra checks on me to see whether I am in the state or not……  Any advice is appreciated. If I don't get called for a UA during the week that I am gone (which is entirely possible seeing as I only have 2 a month and I just had my first one a few days ago), I am not too worried about her asking a lot of questions.... But say that I AM called for a UA over the time that I am out of state – I will obviously miss the test and she just might put 2 and 2 together and start asking questions… What is your opinion regarding the best course of action if it becomes necessary to discuss my trip with my P.O. after I get back (if she doesn’t try to contact me while out of state, that is)? If she questions whether I went on the trip or not, would it be wise to admit guilt? Or would it be wise to not tell her the truth and say I missed it by accident or I was sick or something? Thank you for taking the time to answer, I really appreciate it.

Charles Patrick Greenwood

Charles Patrick Greenwood

Posted

I cannot advise you to lie to your probation officer. That is always a bad way to go. However, you don't have to answer that question, if asked. Most probation officers are busy people and don't have the time to go after one person this aggressively.

Posted

A court order exists that precludes you from leaving the state. If you get caught, you can be put in the county jail or worse, depending on the plea that landed you on probation in the first place.

No one can recommend that you violate the law.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

You could ask the court that sentenced you to probation to allow you to travel over your PO's objections. This way you are compliant with probation and still get to see your uncle. I would recommend retaining a criminal defense attorney to make this request on your behalf.

Disclaimer: Any response is for informational purposes only and it does not constitute or create an attorney-client relationship. For additional information or a free consultation contact the Law Offices of Laurie A. Schmidt at (303) 747-4686.

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I would, but I had my meeting this past Monday with my PO (I found out last week that my first request had been denied, and I asked her if there was anything I could do because I found out my uncle was sick) and she informed me that she hadn't yet talked to her supervisor to ask for a second time to get permission with the new circumstances. She said she would get a hold of me the following day (Tuesday) because she knew I was leaving this Saturday (as in tomorrow). Well I waited and waited and waited to hear back from her, and never did. So finally yesterday afternoon I called her. She just told me matter-of-factly that I had been denied again, but didn't bother to call to tell me that so I might have had time to petition the court. Now here it is on Friday, and I will check and see, but I doubt I'll be able to see a judge today for this matter. I'm very upset and scared. I am not sure what to do.

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