If you were convicted of a crime and were sentenced to probation or received probation as a negotiated plea at the time, you probably thought you were getting the break of a lifetime, until you read the terms of your probation. For some probationers, fulfilling the terms of their probation for the entire period may seem next to impossible, especially when it affects their ability to travel. Before you decide to accept probation as part of a negotiated plea, consult with a criminal defense attorney in Florida to ensure that the terms you agree to are appropriate for your charges.
What Are the Standard Conditions of Probation in Florida?
Florida Statute 948.03(1) sets out the conditions a court may impose on probation, and one of them is that you remain within a specified place. This article was prepared and reviewed by a probation violation attorney practicing in Florida. If your case is in another state, contact a criminal defense attorney who practices there.
Florida Statute 948.03 lists the conditions a Florida court may impose on probation and community control. Federal probation runs under a separate set of rules. Under section 948.03, a Florida court can require that you:
- Follow the court's guidelines for reporting to your probation officer.
- Maintain a job or be actively seeking employment.
- Permit your probation officer to visit your home, place of employment, or other locations as specified by the court's guidelines.
- Avoid being charged with new offenses.
- Make restitution to any party who has been determined to be a victim of your crime as ordered by the court.
- Support your legal dependents.
- Not associate with individuals who are engaged in criminal activities.
- Submit to random drug and alcohol testing.
- Not possess a firearm.
- Not possess any other weapon without obtaining prior consent from your probation officer.
- Pay various expenses and fees associated with your probation, like the cost of drug testing.
- Not possess controlled substances unless prescribed to you by a doctor.
On travel, Florida Statute 948.03(1) says only that the probationer or offender in community control shall remain within a specified place. It does not say how large that place is. Your sentencing order and your probation officer's instructions do: it may be one county, a group of counties, or the whole state. Leaving that area without permission is a probation violation, and under Florida Statute 948.06 a judge who finds a violation may revoke probation and impose any sentence that could have been imposed at the original sentencing.
Factors Affecting Permission to Travel on Probation
Before extending permission to travel outside the permitted area, the court will consider the following factors:
- You are not wanted for additional crimes or violations of your order of supervision.
- Your request names specific locations and dates.
- There is a contact person and phone number with whom your travel plans can be verified.
- You've provided sufficient notice for your compliance officer to verify the details of your travel plan.
- You have a legitimate reason for the request: employment, family medical emergency, etc. Vacation or recreation is not a valid travel exception.
- Whether or not your travel will affect any mandated treatment programs or testing.
- Whether the travel will affect your financial obligations to the court or individuals affected by the crime.
Travel approval is not automatic. Nothing in Florida Statute 948.03 entitles a probationer to leave the supervision area, so a judge can refuse a request for any reason he or she finds sufficient. Contact a criminal defense lawyer who represents probationers if you are on probation and need to travel out of state.
Frequently Asked Questions About Travel While on Probation
Being on probation can be intimidating. There are multiple rules, and the consequences for breaking them may seem disproportionately harsh. Direct your questions to a criminal defense attorney licensed in Florida. If you're in Broward or Palm Beach counties, contact Weinstein Legal Team. These frequently asked questions and answers may provide you with some limited guidance, however.
What Are the Possible Repercussions of a Probation Violation?
Under Florida Statute 948.06(2)(e), a judge who revokes probation may impose any sentence that could have been imposed at the original sentencing, up to the statutory maximum for the underlying offense. The court may leave you on probation but with additional restrictions. Leaving the state without permission is considered a significant violation. If you're caught, you will need legal representation to defend yourself.
How Can a Probation Violation Attorney Help?
A probation violation attorney handles these hearings regularly. A violation hearing is not a new trial: there is no jury, and the State's burden is the greater weight of the evidence rather than proof beyond a reasonable doubt. A probation violation attorney can examine the terms of your probation and determine whether or not they're consistent with what other convicted offenders with similar records have received for their crimes. They can also approach the court if you require accommodation for travel. Because a probation violation attorney defends clients who have been rearrested or ordered to appear in court for probation violations, they also know how to help you avoid violating.
Can I Get a Permanent Travel Exception for Business?
Rarely. Standing permission to travel for the whole probation term is unusual, because the geographic limit is part of the sentence. More than likely, you will require an attorney to make individual travel requests for each trip.
How Do I Know Where I Can Travel?
Your community supervision order will be explicit. For instance, it may only allow you to travel in Palm Beach County, or you may be limited to travel anywhere within the state of Florida. If you are aware that you will need to travel outside of the outlined geographic area, your attorney can bring it to the judge's attention and request permission.
Can You Leave the State if You Are On Probation in Florida?
In most cases no, and your actual restriction may be tighter than the state line. Many Florida orders limit you to one county or to the Tri-County area. Moving to another state permanently is a separate process: supervision has to be transferred under the interstate compact adopted at Florida Statute 949.07, and the receiving state has to accept you.
Contact a criminal defense attorney before you risk out-of-state travel while you're on probation.
