If you are on Summary Probation are you still aloud to move out of state?

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If you are on Summary Probation are you still aloud to move out of state?

I have a misdemeanor and was put on summary probation for 3 years, it has now been 2 years. I was planning to move to another state, but i remembered i was on probation, am i still aloud to leave or do i have to talk to the judge? I do not have a probation officer so i dont know what i am suppose to do.

Asked on June 10, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Summary Probation (Informal Probation) requires the defendant to complete certain terms of the sentence and stay out of trouble.  Scheduled meetings with a probation officer are not necessary under summary probation. This is why you don't have a probation officer.  With summary probation you are under "court supervision".

What you need to do here is to contact the court that you were convicted in and explain your situation.  It will either terminate your probation early if you are within a few months of completion;  or it may allow you to transfer your remaining probation to your new state (the court will explain to you how this all happens); or it will not allow a transfer and you must stay in CA until your probation is over. 

Whatever you do, do not leave the state without permission.  Since the offense that you were convicted of was a misdemeanor, you may well have success in being able to arrange your move. 

What would be helpful is if you have a really good reason for wanting to leave the state;  employment for instance or caring for a sick relative, something along those lines.  Just wanting a change of scenery probably won't cut it.

Best of luck.


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