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MyNameIs.Mia
09-07-2010, 21:48
Okay, so I've been charged and sentenced for Heroin distribution April [xx]th of 09.... I have 5 yrs probation and now need to travel back to my Homecounty which is by Italy, outside the US... I dont have much time for I'm trying to leave July 31st.... I called probation, and she's to get back to me tomorrow before noon, which is when I'll ask her... I heard I have to ask permission from the judge that sentenced me.... probably through probation, but when I called the madgistrate office, the lady said something about me needing to ask my lawyer.... I really dont wana have to do that, since i still owe him money and i'm not payin...lol hopefully I can do this without him through probation....

Just wondering if anyone has had any travel experience while on probation.... but travel outside the country... I know the requirments for in-state and country travel.... for i have been on probation a long time before this charge.... but never needed to travel overseas yet....

THANK YOU!

hobhead
09-07-2010, 22:01
are you sure that stiffing your attorney is a wise thing for you to do ? I have no knowledge of out of country travel while still answering to a PO but it seems logical that a PO would assume that that would be the last that you would be seen .

Unbreakable
09-07-2010, 22:38
Why not get PA and have them get in contact with the Judge for your.... as your liaison...

Mariposa
09-07-2010, 23:56
I would recommend asking your probation officer. Also, you will need to check with the appropriate customs/immigration authorities and ensure you would be allowed back into the US - in both the US and Italy. I have heard of people having problems getting into and out of the US (even just to/from Canada with a DUI, for example) even if they have complied with the terms of their probation.

On the US side, you might check with the US Department of State (http://travel.state.gov/passport/passport_1738.html).

severely etarded
10-07-2010, 07:26
I would recommend asking your probation officer. Also, you will need to check with the appropriate customs/immigration authorities and ensure you would be allowed back into the US - in both the US and Italy. I have heard of people having problems getting into and out of the US (even just to/from Canada with a DUI, for example) even if they have complied with the terms of their probation.

On the US side, you might check with the US Department of State (http://travel.state.gov/passport/passport_1738.html).

Take mariposa's advice. Check with your PO. Everyone's probation has different terms... some people can commit minor offenses as long as they are not arrested, some people cant even get a speeding ticket. Some people can leave the country, some people can't leave the county. Depends on the terms of your particular case.

Mariposa
11-07-2010, 09:09
are you sure that stiffing your attorney is a wise thing for you to do ? I have no knowledge of out of country travel while still answering to a PO but it seems logical that a PO would assume that that would be the last that you would be seen .

It depends on the terms of the original poster's probation. Out-of-country travel is usually a no-no. I know exceptions are made on an individual basis when the person is not a flight risk. That means if the probation officer, in conjunction with the judge, recommends that the person on probation not leave the country and demands their passport (this was not addressed in Mia's post), they cannot leave the US, or re-enter the US, through legal means. A bench warrant for violation of probation would likely then be issued, resulting in a surprise at Customs if the Customs officer ran the passport number. The charge could become a federal matter in addition to violating state-level probation very quickly. I personally would not take the risk, but then I've never been convicted of anything and I am not a lawyer. I simply think it would suck to be arrested and thrown back into prison with a new set of charges.

The lawyer who has not been paid can take the OP to collections or write a demand letter if (s)he wishes to be paid. The lawyer can recommend something either way. While it is not appropriate or necessary for someone to fly out of the country without paying their bills, I don't think anyone here is in a place to judge that. It is a separate matter.

Mia, I would consult with my PO and an experienced immigration attorney on the matter if I were in your situation. Continue to comply with the terms of your probation regardless.

MyNameIs.Mia
13-07-2010, 16:10
thank you guys, But i have taken UNBREAKABLE's addvice and gotten a PD to file a petition.... THAnks everyone fr ur answers!!!

Khadijah
17-07-2010, 22:29
Hate to break it to u, but u prolly gonna have a hard time with this. I know that as a convicted felon I am not allowed to leave the country.

Once you convicted of a felony, you got to surrender your passport if you have one. And cannot travel outside the country period.

You cant even go outside the state for more than 24 hrs without your PO's written consent and documents proving where you gonna be stayin at, why you are goin there, when you gonna come back, etc.

If you are a citizen of both countries maybe it is different, I aint sure. you didnt really say that in your post. We dont know if you a resident of the US but use to live in Italy, if you got dual citizenship, if yuo were just in the US on vacation and got busted while u here, or nothing. Becuz the situation prolly matters and would have some effect on whether or not you get restricted from leavin the country.

Either way, good luck but just remember. If you are already sentenced to the 5 yrs probation, at least in NJ where Im at, part of bein a convicted felon is that you can NOT leave the country, can NOT have a passport, and cannot vote. Until your term is served and you are off probation.

I am sure there is exceptions like if you got family there and thers a funeral, etc, but I aint sure about that honestly. Just lettin u know that the general rule is that you can barely even leave the state you in nevermind the country.

rangrz
27-07-2010, 21:14
In Canada; its up to your P.O.
they let my buddy hit a cruise in Caribbean while on a probation order for cocaine/traffic