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-   -   On probation leaving country for 3 weeks without PO's consent (https://www.askmehelpdesk.com/showthread.php?t=364759)

  • Jun 14, 2009, 02:26 AM
    dlabhu
    On probation leaving country for 3 weeks without PO's consent
    Hi I am new to this site.I read few topics and its really helpful.

    My boyfriend is on probation(united states) for a year finised 5 months already,he is not a felon. He has no other dues either.

    He wants to go to india just for 3 weeks and comeback right on time for his next face with the PO.

    Is he being wise with his decision? He says he does not want to ask PO permission as he will be back on time anyway, but I am just little not sure.What if PO comes to know later about his trip?

    I would like to know your experts help please.

    Also, if he does inform the PO ,will PO grant him the permission?
  • Jun 14, 2009, 03:59 AM
    jalene11
    I was on probation before and had and emergency and had to leave to Florida. In the probation papers it states that if you have any changes to income or legal or need to be out of the area you must inform your PO ahead of time. This will avoid any legal problems.

    As to the asking the PO, there is a chance that he may let your boyfriend go but legally it is only for 2 weeks not any longer that 2 weeks. So maybe he can cut the trip to 2 Weeks and then ask the PO for permission. If the PO finds out that he has left the state he could get a violation and be put in jail. Even if it is not for a felony he still needs to report the trip to the PO and get permission.
  • Jun 14, 2009, 09:19 AM
    dlabhu
    Quote:

    Originally Posted by jalene11 View Post
    I was on probation before and had and emergency and had to leave to Florida. In the probation papers it states that if you have any changes to income or legal or need to be out of the area you must inform your PO ahead of time. This will avoid any legal problems.

    As to the asking the PO, there is a chance that he may let your boyfriend go but legally it is only for 2 weeks not any longer that 2 weeks. So maybe he can cut the trip to 2 Weeks and then ask the PO for permission. If the PO finds out that he has left the state he could get a violation and be put in jail. Even if it is not for a felony he still needs to report the trip to the PO and get permission.

    Thank you much for your advice.I'd definitely ask him to ask po before the trip.
    However , just wondering.. do they (po) come to know if he actually leaves the country.
    Because, howmuch ever I tell my b.f. he is kind of reluctant to speak to po.
    He dreads if po somehow denies as he is determined to go anyway.
    Does po give written permission for foreign trip.
  • Jun 14, 2009, 09:32 AM
    excon

    Hello d:

    If he goes without permission and gets caught, it WILL violate his probation, and probably WILL involve some jail time. It would also be my guess that the PO WON'T grant permission for an out of country trip. He could probably get permission to go ANYWHERE inside the US.

    What are the chances he could get caught? I don't know. He'll probably get away with it... But, who knows? Nobody commits a crime thinking they'll get caught... The prisons are full of those kinds of people.

    excon
  • Jun 14, 2009, 10:01 AM
    twinkiedooter

    Once he leaves this country and tries to return if his name is run when he tries to re-enter this country (which it will be) he will have to produce written permission to be out of the country. If he cannot produce the paperwork from the probation department, then he will be taken to jail and held until his probation violation hearing is held which can be more than 2 weeks while awaiting for this hearing.

    Is this trip that important that your boyfriend wishes to lose his freedom over? Apparently it is. He will be caught. He will face the consequences for his dumb decision. He will sit in jail.

    Have him wait until his probation is over and he can come and go all he wishes then. Is that too much to ask?
  • Jun 16, 2009, 08:45 AM
    dlabhu
    Quote:

    Originally Posted by jalene11 View Post
    I was on probation before and had and emergency and had to leave to Florida. In the probation papers it states that if you have any changes to income or legal or need to be out of the area you must inform your PO ahead of time. This will avoid any legal problems.

    As to the asking the PO, there is a chance that he may let your boyfriend go but legally it is only for 2 weeks not any longer that 2 weeks. So maybe he can cut the trip to 2 Weeks and then ask the PO for permission. If the PO finds out that he has left the state he could get a violation and be put in jail. Even if it is not for a felony he still needs to report the trip to the PO and get permission.

    Thanks again, I've followed all your advice and finally my b.f. spoke to the po, the po said he is OK with him leaving the country for few weeks,but my b.f. have to produce permission from the court, well which he is going to get it now.he needs lawyer.

    I'd like to know if anyone knows how easy is to get it from the court and what fees will the lawyer demand.
  • Jun 16, 2009, 09:13 AM
    excon

    Hello again, d:

    If the PO said you need the courts permission, I don't think you need a lawyer. Just write the judge a letter, and ask permission. Ask him to consider your letter a motion and send a copy of your letter to the prosecutor. Send your letters certified, return requested.

    If the judge is going to do it, this is the way to get it in front of him.

    excon
  • Jul 4, 2009, 01:14 AM
    JimGunther

    I was a PO and believe me, you DO NOT need a lawyer for this. Go to or write the courthouse and get a letter from the judge, that's all you need to do!!

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