Your probation officer cannot give you permission to travel out of the country. In fact, the officer cannot give you permission to travel out of the state under the compact agreement. It is not about a power tirp, but about what they can and cannot do.
What you should have done immediately when you learned of the situation was to hire a lawyer to talk to the judge. (I recently got a court order allowing a client on felony bond to travel to his native country of China. BUT, we went through the right channels.)
If you admit to your probation officer that you traveled out of the country, you are likely to get a motion to revoke your probation. If you get into ANY difficulty while out of this country, then it is likely your probation officer will find out.
It is a shame about your grandfather. But, unfortunately, you alone are responsible for putting yourself in this position.
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.
You could have requested to speak her supervisor about the purpose of your travel. I was a probation officer in Dallas and granted reasonable and necessary travel requests and issued travel permits. Traveling without permission is a violation of your terms as you seem to know since you mention jail. Good luck. M. Irene Wilson
My answer is for informational purposes and does not create an attorney-client relationship. Call me to hire me as your attorney.
Although I've read dozens of Ms. Henley's answers on AVVO, and have nearly always agreed with her 100%, I have to take issue somewhat with her answer to this question. Though perhaps technically correct, it misses an potentially easy solution to your problem.
The judge sets the terms and conditions of your probation, and the judge may make exceptions at any time for good cause shown. If you simply go back to court and ask the judge, I would imagine that he or she would make an exception for you under the circumstances. You may wish to hire a lawyer to assist you, or you may choose to approach the judge on your own.
The probation officer can file a motion to revoke your probation at any time, but only the judge can actually revoke you, or take other disciplinary action.
I would have little respect for a judge who refused to allow a misdemeanor DWI defendant to take a week or so to visit an elderly (and potentially dying) close relative. If you were on probation for dealing drugs, and if those drugs were believed to have been obtained in Mexico, that might be another matter...but a simple DWI? Come on...
Having said that, I am sure that there are some judges who would deny such a request and revoke you in a heartbeat if you took the trip without their permission. Such is the legal business... What is legal isn't always what's right.
Best wishes. I hope everything works out well for you.
DUI DUI defense DUI as a criminal offense DUI charges DUI probation Travel restrictions after a DUI Driving under the influence of drugs Criminal defense Criminal charges Crime classifications Felony crime Misdemeanor crime Crimes against society Defenses for criminal charges Criminal court Probation for criminal conviction Court orders