QUESTION

I am on probation and want to leave the state to go on a family vacation. However, the state has denied my request. If I go anyway, what are the consequences?

Asked on Aug 08th, 2008 on Criminal Law - New Jersey
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I am on probation and want to leave the state to go on a family vacation. However, the state has denied my request. If I go anyway, what are the consequences?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Every term of probation carries conditions. A standard condition is that the probationer not leave the state without prior permission of the court and/or probation officer. If you leave without permission and the probation department learns of it, it can file a petition with the court to revoke your probation. If a probation revocation complaint is filed, an arrest warrant may issue with it. If arrested, you would have to post bond. Thereafter, you will be afforded a hearing at which you can be represented by counsel and present any defenses you have to the charges in the complaint. The judge then will decide whether you violated the terms of your probation. If the Judge finds you violated probation, he or she can terminate the probation and resentence you to jail for any amount of time up to the maximum permitted by law for the offense to which you pleaded guilty. The Judge also could decide, even after finding you violated probation, to continue your probation. In other words, violating the terms of your probation is very risky. In your case, the Judge might find the violation particularly serious because you asked for and were denied permission and then deliberately disregarded the ruling. Vacations can be postponed, rescheduled or canceled. A jail sentence cannot. I doubt that the memories of a great vacation will provide much solace to you if your probation is violated upon your return and you are sentenced to jail. My advice: Don't go. Reschedule the trip after you have completed probation.
Answered on Aug 08th, 2008 at 12:12 AM

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