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I have a question regarding my probation and traveling to…

Hello, I have a...

Hello, I have a question regarding my probation and traveling to mexico

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

It's actually my husband who was convicted. I believe he has three felonies but I only know one of them was assault with a deadly weapon

Lawyer's Assistant: In what state did the assault occur?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I know he should get written consent from his PO. but technically he doesn't even have a specific PO he just checks in through a kiosk. So if he were to cross over to mexico, when coming back can they see through his passport that he's still on probation?

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Answered in 5 hours by:
3/16/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,299
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customs and Border Patrol do not get a print-out of a traveler's criminal record. That said, if the prosecutor turned your husband's name over to TSA as someone on probation, they will be able to see it if he's flying internationally.

If he's on unsupervised probation, it's likely that nothing will turn up, so long as he doesn't do anything illegal in Mexico and is back by his court date. There is, however, no guarantee and no way of knowing until it happens.

If he has no probation officer, he does have a sentencing judge who could give him the necessary permission.

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Customer reply replied 4 months ago
He will not be flying internationally, were actually just crossing over to Mexico through San Diego so it would be by car. So when we come back, does the border patrol have access to see that he’s on probation through his passport ?

Thanks for clarifying. This doesn't change the answer, however, as he still has to check in with Customs and Border Control. Customs and border patrol will not be able to see his RAP sheet. But again, if the prosecutor has turned the fact of his probation over to TSA, his name would be listed as someone who is on probation and whose travel is restricted.

I know you'd like certainty in an answer, but this is an area where there are no guarantees and where you can't find out in advance what will happen. If he's been ordered to remain within his county as part of the terms of his probation unless he has permission to leave, then he has to assume that in violating the court order, there is a risk of getting caught. I cannot eliminate that risk completely for him.

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Customer reply replied 4 months ago
What is the likelihood or how often have you seen that prosecutors turn in over probation to border patrol?

I cannot tell you that because I would simply have no idea. These stats are not available. I can tell you that if he's on unsupervised probation or misdemeanor probation, the odds would be low as to his being discovered. If he's on felony probation, states care much more about that.

Have I had clients over the years arrested at the border? Yes. Two or three.

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Customer reply replied 4 months ago
Okay, I️ see your point. My husband did jail time, he did 6 months and got out June 6, 2017 so it’s been 9 months, and he has paid his fines and taken his classes because he did have to do all that according to his probation ( I asked him about his felonies and they are DUI, DUI over .08, DUI inflicting GBI, hit & run felony, and assault with a deadly weapon). Do you happen to know if judges usually grant permission to go to Mexico when your probation states otherwise ?

It all depends on the facts and circumstances of the underlying case and the defendants personal and criminal history and how he's gotten on while on probation. I've had plenty of clients who got permission to travel when they were on probation and others who were denied. There's no hard and fast rule. It's individual.

Your husband doesn't have to actually meet with an officer, and that's a good sign that they believe he's trustworthy.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,299
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 4 months ago
Thank you for your help!
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