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Bellaire, TX |
Attorney answers 3


She needs to request permission to leave the State, as well as the country.

Attorney Mitchell S. Sexner
Mitchell S. Sexner & Associates LLC /o
Defending your rights since 1990
1 (800) 996 -4824
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Website: Criminal and Traffic Attorneys

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The short answer is that it will depend on the judge. There is nothing in the probation statute, Article 42.12, of the Code Of Criminal Procedure which prohibits a person from traveling outside of the U.S. while on State District Court probation. Has your girlfriend approached her probation officer regarding her request? This is the first step. Typically they will e-mail the court, and await the court's instructions. If the probation officer is O.K. with it, that will go a long way toward convincing the judge to allow it. If I were your girlfriend, I would present my P.O. with my full itinerary, including my proposed dates of travel, where I was traveling, how I was traveling, where I was staying, where I could be reached if necessary. You get the picture. The other concerns would be the other countries policy on receiving convicted felons. Because there is no deferred adjudication for DWI, I am assuming she is on straight probation. Straight probation for DWI is a final conviction for a felony. Check the other countries policy on visitation by convicted Felons. You may want to get a certified copy of your criminal record from the Harris County Criminal District Clerk's Office which is located on the third floor of the Harris County Criminal Justice Center, on the third floor. There is a nominal fee. I would have a copy of that with me just in case the receiving country needed additional proof of my status. Finally, as long as there is no warrant for her arrest, she should be allowed to re-enter the country with her proof of American citizenship, without any concerns. I would definitely contact the State Department, the Department of Homeland Security (which now encompasses the Border Patrol) and even the T.S.A. if I had any additional questions or concerns about re-entry into the country

My answer is based upon the limited amount of information available at the time of writing.I am a Texas DWI Lawyer. If possible, hire an attorney who is a member of the National College of DUI Defense, who is familiar with your jurisdiction.


Generally speaking, courts in Harris County will review all travel requests to travel out of the Country but will typically grant them if the person is in compliance. The person should anticipate that he/she may be required to take a drug test including a hair follicle test upon return.

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