If you’re currently on probation in Central Florida, you may be asking yourself an important question:

“Can I still travel?”

Like most answers to legal matters, it depends. With the summer months coming up, it may be tempting to start making plans, but it is important to note a couple of things before you do. Traveling while on probation may be allowed but only with strict permission. Leaving your appointed area without authorization can lead to serious consequences. It is best to always ask your probation officer prior to travelling.

What constitutes my approved area?

While it varies case by case, an approved area is typically reduced to your county of residence, with neighboring counties often considered for work purposes. 

Where is travel generally permitted?

• Within your county: Travel generally allowed
• Within Florida (outside your county): Often requires approval from your probation officer.
• Out of state: Almost always requires advance permission from your officer, and sometimes judge approval.
• Out of the country: For most probation terms, international travel is NOT allowed and often is a condition of probation itself; however, if not explicitly prohibited, consideration would require several weeks’ notice with full travel details and strict approval from officer and judge.

Getting Permission

Before traveling, you’ll need to complete the following general steps, though more may be required:

• Contact your probation officer early
• Provide details (travel dates, duration, destination, reason for travel, where you’ll be staying)
• Wait for approval before making any official plans

Typically, approved reasons include work-related travel, medical needs, or family emergencies. Vacations may be allowed if done well enough in advance, but ultimately relies on the discretion of the probation officer or judge.

What happens if I travel without permission?

Travelling outside your permitted area without authorization is considered a violation of probation (VOP) and may lead to severe consequences. A VOP is an entirely new adjudication, meaning the court reexamines your case. If your original charge was a felony with a withhold, violating probation now makes you a convicted felon.

Possible consequences include:

• A warrant for your arrest.
• Jail time — possibly for the maximum allowable under the original violation, which could be substantially more than the original probation term.
• Extended probation.
• Reinstating your original sentence.

In addition, you can be forced to testify at a VOP hearing, in which the 5th amendment—the right to remain silent—would not stand.

Conclusion

Navigating probation may be a headache, but it is always better to be safe than sorry when it comes to following the rules. Make sure to always get explicit permission from your probation officer before travelling, and always ask if an action constitutes a violation to your probation. 

If you’re ever feeling stuck and need more answers to your questions, give Gans Law a call.