Conditions of Probation On Travelling

Each person who is sentenced to probation must follow the conditions of probation or risk facing imprisonment. There may be standard conditions that include not getting arrested for another crime in the same jurisdiction or anywhere else, not having relationships with people who are associated with criminal activity, submitting to routine or unexpected drug tests, consenting to searches and having to meet with a probation officer at certain intervals. There may be additional conditions that are more specific to the crime charged or to the defendant.

The individual under probation may be required to report information to the probation officer. This may include his or her current address, employment or other issues. When these things change, the defendant may be required to report these changes.

Restricted Travel Condition

Another standard probation condition is having travel restricted. The types of restrictions that are imposed often depend on the circumstances of the case, the defendant’s habits, the defendant’s employment and other factors. It is important that the criminal defendant has a clear understanding of the conditions of his or her probation, including all travel restrictions.

It is common for a person on probation not to be allowed to leave the state without receiving express written consent from his or her probation officer. Before leaving the state or country, it is important that the defendant speak with his or her parole officer about potential plans to see if this travel is permitted. If the plans are not approved and the defendant travels anyway, this action can result in the defendant being found to have violated the terms and conditions of his or her probation and being subject to penalties related to the violation.

Probation Violations

If a probation officer has reasonable grounds to suspect that the defendant has violated the terms and conditions of probation, he or she can order the arrest of the defendant without having to secure a warrant or create an affidavit to a judge. A person who is found to have violated probation may be subject to additional sentencing, often for the sentence that was suspended at the time of sentencing.

Modifying Probation

It may be possible in some situations to modify probation terms. These modifications may include a reduction in the amount of time when probation must be served, how often a defendant may have to meet with a probation officer or the elimination of certain conditions such as travel restrictions.

How modifications are handled vary in each area. Some areas will believe that a probation order is final and should not be altered. Some judges are willing to modify probation readily if the person serving probation has demonstrated that he or she has successfully complied with probation terms. Some judges will wait until at least half of the probation term has been served before considering making a modification. In addition to jurisdictional variations, the ability to modify probation also depends on the judge who oversees the case and the individual circumstances of the case.

Legal Assistance

It is vital that a person understand that if he or she has been placed on probation as part of the sentencing process that he or she must carefully abide by the conditions imposed by probation. All of the rules must be followed from the beginning until the end of the probation term. If a person is found to have violated probation, he or she may face time in prison. A criminal defense lawyer may be able to explain the terms and conditions of probation and the consequences of not carefully following the rules.