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  1. #1
    Join Date
    Sep 2006
    Posts
    4

    Default Travel Restrictions While On Probation, and Getting Early Discharge

    I am a first time offender sentenced to 3 years probation in Orange County, CA. If for any reason my PO denies my request for out of state travel can I go to the judge to request it? If so, how do I go about this?

    My PO has always approved my requests but just want a back-up. Last time they denied it and then approved after I submitted info relating to my hotel/air reservations. It seems dumb really to even have to submit a travel permit. They don't come out my house anymore or call at random. I simply do write-ins once a month. Wouldn't even know I'm gone. But, I don't want to risk it of course.

    Is there a way to remove that provision from my probation? Also, what paperwork must I file to end my probation early? If I hire a lawyer, is there a general flat fee to take care of this? I'm 2 years into the 3 year probation period. No violations, pay my dues on time etc. . .

    Thanks for any info.

    J

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Travel Restrictions While On Probation, and Getting Early Discharge

    You can attempt to have the judge overrule the probation officer, but it's not particularly common that it happens. You would bring a motion with the court. Similarly, if you wish to have the terms of your probation modified, or if you wish to obtain an early discharge and your probation officer disagrees, you can bring a motion with the court; but you have to remember that it was the judge who defined the terms and set the length of your probation. If you wish to challenge decisions of your probation officer or try to get your sentence modified or reduced, it would be wise to consult a criminal defense lawyer for assistance.

  3. #3
    Join Date
    Sep 2006
    Posts
    4

    Default Re: Travel Restrictions While On Probation, and Getting Early Discharge

    Actually the terms that I signed from the judge did not include a travel restriction. When I met with the probation officer the first time they had me sign an additional paper that added this limitation.

    J

  4. #4
    Join Date
    Sep 2006
    Posts
    4

    Default Re: Travel Restrictions While On Probation, and Getting Early Discharge

    My request was denied because they said I have travelled too much. Twice in the last year. I was a bit argumentative on the phone and now they want me to come in and she is putting me back on field probation vs. my current write-in situation. So unfair.

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Travel Restrictions While On Probation, and Getting Early Discharge

    Your sentence was suspended and you were given probation, because you were found guilty of a criminal offense. When a person is granted probation, that person is given provisional freedom on the promise of good behavior. Probation wasn't meant to be fun.

    Consider the alternative....

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