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Traveling for work while on Probation

Houston, TX |

I am currently on probation for second DWI. What is the process for getting authorization to travel? I asked my probation officer and he is very vague regarding the matter. My terms of probation state that I can't leave the state without prior approval to the court. If I will have to travel routinly for work, should I get a lawyer to approach the judge?

Attorney Answers 5

  1. You should ask the probation officer about a specific trip. If he/she refuses or does not give you a definite answer, them my advice would be to hire and attorney to approach the judge who has the final say on the matter.

  2. Yes, you should absolutely retain an attorney to draft a motion to modify terms of probation and approach the judge. Be prepared to show proof of employment and purpose of out of state travel.

    Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

  3. From your description of your interaction with your PO, I think it is clear that you need to talk with qualified criminal defense counsel, without delay. Due to the vagueness of your PO's response I would be very reluctant to travel without something definitive. Talk with local attorneys to see what your best option may be.

  4. You should hire a lawyer to approach the judge. You also need to be aware that your probation officer cannot simply agree to give you the chance to travel outside the state at a whim. There is a limitation on travel outside the state, that is agreed upon with all the states, and there are specific requirements AND the judge must approve (versus travel within the state which the judge need not approve.)

    You will need to give sufficient notice of your need to travel and details including the hotel, phone numbers, purpose, etc. for travel with documentary support.

    Cynthia Henley

  5. Your PO should be the one to give you permission to travel. He may want proof from your employer that the travel is required. If he denies you permission, call your attorney to straighten this out with the judge. The judge wants to keep you employed.

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