Leaving The State On Probation
My question involves criminal law for the state of: Texas
I was recently arrested for shoplifting and given DA probation. I was told when I agreed to it and when I first started the probation that I could leave the state with a week's notice to my officer if she approved it. Now, this morning I was told that as of the end of May I can no longer leave theh state at all. I was given a paper saying this:
"Based on the interstate Compact for Adult Offender Supervision, which carries the force of federal law, all out of state vacation travel for persons under supervision is banned. Other requests for travel outside of the stat for funerals, employment, or similar circumstances will be considered by the judge only after filing a 'Motion to Travel' with the Court. "
It goes on to say that filing does not gaurantee that your request will be granted and that there are no exceptions to this policy.
So, I have a few questions. First of all, I had already cleared (it apparently no longer counts tho) an out of state trip to visit my uncle. He is very sick and will probably not make it through the summer. I am wondering how much it will cost to get a lawyer to file one of these motions. I am also wondering if it is something I can do myself, and where I could find the guidelines if it is. Lastly I am wondering what my chances are of getting approved if I explain the situation.
My next question is more of a 'backup' plan. If I was rejected, what would be the punishment for leaving the state? How would they know if I had left? I know I am allowed to travel freely within the state, and could say I was in a different city. Would they check airport records? I assume they might, but is thhere any way for them to know I was out of state for 2 days rather than accross state if I drive (or even better, ride with someone)? I know if I get arrested or anythhing they can tell, but if I stayed out of trouble and out of sight...?
Re: Leaving The State On Probation
You can verify with your probation officer whether or not a previously approved trip is covered by the new policy.
To find out what a local lawyer will charge for a particular motion, call some local lawyers and ask. You can do it yourself if you can figure out how. I doubt you're going to find anything that looks like step-by-step instruction, but you may be able to find a motion from a similar case to use as a model.
If you violate your probation, you risk being resentenced for your underlying offense. How will they find out? Ask a psychic - we are unable to predict the future.