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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2651
Experience:  associate attorney
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Permanent resident legal status. On probation for a felony

Customer Question

Hi permanent resident legal status. On probation for a felony of grand theft a family member reported me for. Long story short shouldn't of been convicted but never the less this is where I stand. On probation for 3 years. It's a year today.
Haven't gone to see my parents across the border because my probation officer said " she can't tell me I can't go but she has no jurisdiction in Mexico.
Can I go and will they detain me.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Christopher B, Esq. replied 2 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Legally you would be breaking your probation if it states you specifically cannot leave the county. First you will definitely be detained when entering back into the United States. I imagine that could take upwards of 24 hours where you'll be locked in a detention cell at the port of entry. As long as you haven't violated the conditions of probation you should have no problems getting back into the country after a delay. But here's a suggestion:

Go to your PO and tell him/her what you want to do. Ask for permission in writing. Then when you cross you give your passport, your written travel permit, and your PO's card with cell number on it and hopefully you're tied up for 20-30 minutes while they verify instead of who knows how long while they're investigating your whole criminal history.

If you are presently under formal probation and crossed into Mexico to see a relative and you did not advise your probation officer of your intent to cross the border beforehand, very likely you have violated the terms of your probation. Whether or not you did is best answered from reading carefully the terms of your probation in the the probation report and resulting order control the terms and conditions of your probation.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated

Customer: replied 2 months ago.
I got this from someone looks like it's copied and paste. I don't have passport I am a permanent resident. So they check for probation when you cross ? I was told no. They check for warrants.
Expert:  Christopher B, Esq. replied 2 months ago.

Coming back into the country they CAN, leaving the country into Mexico probably not. They will most likely check your criminal background and could see that you are on probation. Is it worth the risk? We are not told the relationship between customs and the criminal court/probation office. They may want to look further into any conviction and see you are on probation and then notify your officer to see if you were authorized to leave the country. It CAN happen but I cannot tell you for sure.

Expert:  Christopher B, Esq. replied 2 months ago.

Just checking back in, do you have any further questions?

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