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If you are sentenced in County court in New York State to probation

Customer Question

If you are sentenced in County court in New York State to probation for an "E" level felony (lowest felony) and one condition of probation is that you cannot leave the "jurisdiction" of the court without approval by either the court or the probation department...what does jurisdiction of the court mean? Does "jurisdiction of the court" mean New York State itself or does it mean the geographical boundaries of the specific county in which you were sentenced to probation in. I know New York State has a unified court system and the county court has a court in every county and that the costs to run the county court are paid by the state itself and not by the local counties. The new york state constitution also defines several statewide courts of which the county court is one, and also specifically defines local courts such as city and town and village courts. My original lawyer said it means the state; the probation officer claims the county. The probation order doesn't define the term
Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

Thanks for using JustAnswer.com

 

Although I do not practice law in New York, It has been my understanding that "jurisdiction" means the state in which your probation is located. However, if you wish to travel outside that "jurisdiction," you must get approval from the court and obtain a travel permit.

 

The travel permit is obtained so that if you are out of state and, for example, you get pulled over and your name is XXXXX XXXXX lein, you can prove that you are legally out of the state of New York.

 

It may even possible to move from New York to another state if you meet the criteria and the state that you move to accepts the transfer of probation.

 

However, because probationary terms are discretionary and judges are given latitutde with respect to conditions within the limits of the law, to be safe, you really need to ask for a probation review before the judge.

 

Have a hearing date set and have your probation officer present. At the hearing, ask the judge EXACTLY what limitations on travel that you have. That way, everyone, including your probation officer, is clear.

 

you may wish to contact an attorney who specializes in criminal law. You can contact your local bar association for a referral. It will probably give you 2 or 3 names. You can contact the attorney(s) for a telephone consultation, or ask to set up an appointment to discuss the specific facts of your request. Sometimes, these consultations are free.

Because of the negative consequences that there may be if you leave the "jurisdiction" without permission, you should consider having an attorney attend the probation review hearing with you.

Good Luck to you.

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

 

 

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 5 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 5 years ago.

Getting the Judge to make a finding "on the record" regarding travel, binds him/her to his/her terms, unless the finding is deem unconstitutional.

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