If you are placed on probation as part of your sentence for a criminal conviction, you may be surprised to discover that there are several restrictions as to what you can and cannot do. This is because an emphasis is placed on monitoring the rehabilitative progress of the offender, in order to reduce the likelihood that they will re-offend. As such, probationers must meet certain conditions and abide by specific rules while they are under probation supervision. If you violate any of these conditions or break your parole terms, then you could face serious consequences. Depending on the nature of your probation violation, you may be asked to spend more time on probation – or even face prison time. The following details what happens if you leave the state while on probation.
What Happens If You Leave The State While On Probation?
- If you leave the state, then you will be treated as though you were never on probation. This means that your probation terms will continue until the end of your original sentence. It may also mean that your probation period may be extended in order to ensure that you complete the terms of your original sentence.
- If you are convicted of violating any of the conditions of your probation, then this will result in further punishment. You could face additional jail time, fines, or other penalties for violating probation.
- If you have been convicted of a crime while on probation, and you are later convicted of a new crime while out-of-state, then this could result in an additional term being added to your sentence – or even a change in the nature of your original conviction.
- If you have violated any terms or conditions imposed on your parole while out of state, then this could result in an additional term being added to your parole period – or even a change in the nature of your original parole violation.
- If you have violated any terms and conditions placed on community supervision while out of state, then this could result in an additional term being added to your community supervision period – or even a change in the nature of your original community supervision violation.
- You should also be aware that if you leave the state without permission from authorities (for example by crossing into another state), then there is no guarantee that they will not pursue prosecution against you.
- Finally, if you have a minor child with you while on probation, then this could result in the removal of your parental rights – and the child being removed from your custody as well.
- If you have violated any terms of probation while out of state, then it is important to consult an experienced attorney as soon as possible. The attorney will be able to evaluate the nature of your situation and make sure that all of your options are taken into consideration before any decisions are made.
What Is The Difference Between State And Federal Probation?
- State probation is generally applied to offenders who have been convicted of a crime in the state where they are currently located.
- Federal probation is generally applied to offenders who are currently residing in another state but have been convicted of a crime in the state where they reside.
- State probation and federal probation may be used interchangeably when referring to these types of sentences.
- In some cases, it may be possible for an offender to be sentenced to both federal and state probation at the same time (for example if an offender is convicted of two different crimes). More often than not though, federal and state probation will be separate sentences imposed on different occasions.
- If you are sentenced to federal or state probation, then this will usually mean that you will remain under the jurisdiction of the court that imposed your sentence – even if you move out of state. This means that any violations of your parole or community supervision will usually result in additional penalties being added to your original sentence – and possibly even a change in the nature of your original conviction.
Consequences Of Failing To Meet Conditions Or Comply With Rules While On Probation
- If you break the rules imposed by your probation, you may be required to serve the remainder of your sentence in prison. This is true even if you are not convicted of a new crime. For example, let’s say that you were convicted of driving under the influence and sentenced to 10 days in jail. If you decide to skip out on a session with your alcohol counselor and go out drinking, then this could be treated as a violation of your probation. This would mean that you would have to serve the remaining days of your sentence in prison.
- You may also be instructed to pay a fine, as well as additional fees to cover the costs of your supervision. For instance, let’s say that you are sentenced to six months in jail for driving under the influence and that this sentence is followed by five years on probation for driving with a blood-alcohol level over .08%. You will almost certainly be required to pay an additional fee known as restitution for any damage caused during your DUI arrest – for example, if there were any injuries sustained by a bystander or if the property was damaged during the incident.
- In some cases, it may be possible for an offender to be sentenced to both federal and state probation at the same time (for example if an offender is convicted of two different crimes). More often than not though, federal and state probation will be separate sentences imposed on different occasions.
- If you are sentenced to federal or state probation, then this will usually be followed by a period of time in which you are supervised by a U.S. probation officer or a state parole officer. This will be known as post-release supervision, and it will be overseen by the probation department of the federal or state government that is responsible for your sentence.
- Probation officers are required to report any violations of terms or rules to the court that imposed them. If you fail to pay your fine or appear in court on a particular date, then this information will usually be reported to the judge who imposed the sentence and may result in additional time being added to your sentence if you fail to attend these meetings as required.
Conclusion
If you are given probation as part of your sentence for a criminal conviction, there are several rules you must follow. Failing to meet these conditions could result in you being sent back to prison – or even having your probation revoked. There are times when you can leave the state while on probation, but you must first consult with your probation officer to determine whether they will allow it. If you fail to meet the conditions imposed by your probation, you could be placed on probation or parole for an extended period of time. If you fail to comply with the rules imposed by your probation or parole, you could be arrested, charged with a criminal offense, and put on probation for an extended period of time.