I have an ajudication withheld on grand theft and will need to travel out of the country for family business in a few months. My probation officer hasn't really told me how to go about doing this. He said I should go before the judge and ask for his permission and let him know I own a home here so I will be returning. The judge is in another county about 3 hours away. Do I need to go to the judge? Do I need to fill out a "permission slip"? Any information would be great because I don't know where to start. Thanks!
As a general rule, a PO has the authority to grant you permission to travel while on supervised probation, barring a specific prohibition against leaving the jurisdiction of the court that was pronounced at sentencing. That being said, travel outside of the country is likely to require the court’s consent.
I suggest hiring an attorney in the county where the case originated, as he or she may be able to present the information to the State, get a stipulation to the motion and present a stipulated order to the judge for his or her signature without you stepping foot in court. You certainly don’t want to run afoul of your PO and travel without permission or you could find yourself on the wrong side of a warrant for absconding from supervision, which can land you in jail on a no-bond warrant.
Carsten & Ladan, P.A.
Main Offices - Orlando
Unless there was a specific prohibition on you traveling out of the country, the statutorily mandated general conditions of probation do not prohibit you from traveling out of the country.
However, you would still need to return for any scheduled probation visits. Also, I would advise my PO of where I was going, for how long, and how I could be contacted.
We get this all the time. Call your lawyer on the case. Your lawyer can get a definite answer from probation, call the judge's assistant and see if you need to actually get on the calendar for a court appearance. We have a standard motion and order we use repeatedly for this purpose. If you assume you are okay to go and then it's not okay when you return town.....that's probably a violation of probation. Take no chances. Even if you used a public defender call and get this done.