Hello. Last year I was charged with a DWI in Texas. I received 18 months probation. I have paid all my fines and served all my terms (community service, DWI class, etc). It was a stupid mistake, that I am far to old to have made. However, it is done and I am just waiting out the rest of my probation.
I purchased tickets to the Bahamas before being put on probation. My probation terms state that I must notify my PO with a change of address and ask permission to move out of the county. It doesn't say anything about leaving the county, state or country for anything else.

Yesterday, they transferred my PO to a new office in my same county. I haven't met this person yet. However, the form with the PO name on it had a list of items, one stating notifying them of leaving the county for any reason.

My question is, can this add terms to my court order? Should I now let the PO know? This PO isn't going to know me, and now will get only a couple weeks notice. My last PO was a nightmarish woman who wouldn't even look at me, let alone answer my questions. Thanks in advance for the help.

Unless you want your probation violated... you better tell them in advance. Here's a hint... you can't leave the COUNTRY, without leaving the COUNTY which as you say, you are required to give them notice of.

No, please re-read. My court probation order says I can not MOVE out of the county... My residence must remain in the county. I already leave the county for school on a regular basis.

I recommend you inform your probation officer. That way, when you're flagged in customs for being on probation and they call your PO to ask them if you're allowed to leave the country, your PO will give the correct answer.

That makes since, Anilla. And I actually was planning on it just out of my own good conscience. But I am curious if they can just suddenly add conditions to your probation out of the blue... or legally is it just the conditions mandated on the probation terms from the judge.

Also, from reading online, the probation office doesn't flag you. This is why judges can deny bail if they think you are a flight risk. Not sure if that is true or not.

Thanks for the feedback!

Its universally assumed as conditions of Parol or probation for a crime that ANY international travel be pre-approved.. . not just moving. There are many people who can't cross a state line without prior approval.

When you are dealing with a PO, you had best take the approach of ask first... not assume. Being pro-active will only help you.

You are right. I just wish things were ran a bit better. My conditions specifically state "residence to remain in the county". It doesn't say anywhere that I can't leave the county and my PO hasn't said anything about the fact that the college I attend is an hour away in the next county.
Being that I have never been in trouble in my several decades on the planet, I wouldn't have assumed that to be a condition.
They should put this stuff in writing on the probation list, just saying.

Alas, what's a girl to do. Its all a system of control.

Best to play it safe... PO's can be a very unforgiving bunch because they have so many people that lie all the time and try to cheat they have to assume the worst intentions in everyone.

That's why you can't go wrong asking first...

You are right about that! They seemed to be "postal". Lol. Thanks again.

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Originally Posted by Magpie95

My question is, can this add terms to my court order?

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Hello M:

Personally, I don't lay down for them, and I don't recommend that you do.. If you did, they can change the rules WHENEVER they want to, and you'll have NO chance...

So, the answer to your question is NO, they can't add terms to your probation... I WOULDN'T, however, make an issue over that at this time. Should you get caught in the next county and they try to violate you over it, is the time to CRUSH them.

In terms of your vacation, read this. I'd just make my application in WRITING.

excon

Issueu is, there is most likely a 300 page book on probation rules that you are under. Did the order say they could change PO offices, Or other things you may be doing.

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Originally Posted by Fr_Chuck

Issueu is, there is most likely a 300 page book on probation rules that you are under. did the order say they could change PO offices, Or other things you may be doing.

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They changed my office because my address changed.. same county etc. Just moved into a cheaper place. Of course, ironically the office is now 30 minutes from my home or work and the one before was 5 minutes from work. Fine government working right there.. not to mention they have yet to post me in the system so I can't pay any of my probation fines. Can we privatize probation? Lol.

Quote:

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Originally Posted by excon

Hello M:

Personally, I don't lay down for them, and I don't recommend that you do.. If you did, they can change the rules WHENEVER they want to, and you'll have NO chance...

So, the answer to your question is NO, they can't add terms to your probation... I WOULDN'T, however, make an issue over that at this time. Should you get caught in the next county and they try to violate you over it, is the time to CRUSH them.

In terms of your vacation, read this. I'd just make my application in WRITING.

excon

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That is very helpful but more for moving out of state.. which might happen next year with work.. so I will pocket that nugget. I feel very pushed around. I don't think this process helps the city reduce crime of accidents... and it doesn't help people be upstanding citizens. I don't think I'm an alcoholic.. I made an error in judgement and I'm paying the price. But hell.. just going into the poorly organized PO office makes me want to drink. So for addicts.. I think its probably worse. Its just a broken system all around and I am ashamed more that my taxes go to this than the fact that I have a dui.

I just met with my attorney. Here is the verdict:
In the state of Texas, a misdemeanor does NOT require permission to leave the county, state or country for vacation, work, school, etc. Only FELONY convictions require travel permission from the PO. For misdemeanors, it is residence only that requires permission.

That being said, he told me I can let my PO know I am going on vacation to be curteous. However, I didn't need to ask if I can leave. Furthermore, he is going to file to have my probation ended in a couple months being that I am an otherwise upstanding member of society that has completed all my required terms. Crossing my fingers!