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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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What is meant by a defendent not being allowed to leave the

Resolved Question:

What is meant by a defendent not being allowed to leave the state without notifying probation? On the surface it seems straight forward. But what if a person lives in New Jersey and wants to go to Manhattan for a few hours on the holiday tomorrow. Can this be done or is that prohibited?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Actually, it is very straight forward, if someone is on probation they simply cannot leave the state for any reason without approval of their probation officer. Even if this is a 1 hour trip to NY, if you are caught doing so, it is indeed a probation violation for which your probation officer could punish you by filing the violation in the court. Thus, you legally cannot go to NY as part of the terms of your probation unless you received advance approval from your probation officer.


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Customer: replied 2 years ago.

Is there any way to contact probation over a holiday weekend?

Expert:  Law Educator, Esq. replied 2 years ago.
This depends on your probation officer, some give their probationers a 24 hour contact number and some do not, this is solely at their discretion.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91311
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 11 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok, what if a probation officer has said verbally that there is no problem unless you are in New York for over 24 hours. How can you rely on that if it was communicated verbally? I understand that the entire thing is on the honor system and everyone is 100% honorable. I understand that nobody ever forgets what they said to you before.


 


That having been said, even if one trusts their probation officer, how can one be sure in this area given all of the what ifs and the fact that the person on probation assumes 100% of the risk of any misunderstanding?

Expert:  Law Educator, Esq. replied 1 year ago.
I would hope you are being facetious about everyone being 100% honorable and nobody ever forgetting what they tell you. I am afraid that these issues are solely at the discretion of the probation department and are not listed in the statutes. There are misunderstandings that occur, but in general day trips to NY from NJ, because of the proximity and the way the area is set up geographically will not be punished by the court as a violation without first putting a warning on your record in the court.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91311
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 11 other Criminal Law Specialists are ready to help you

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Law Educator, Esq.
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Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience