Can a Person Leave the County While on Probation?

Posted on August 8, 2021

The criminal laws of most jurisdictions typically provide that people on felony probation can typically leave their county of residence upon the consent of the probation officer. A person on misdemeanor probation is usually free to leave the county provided that doing so does not violate any conditions of probation.

While misdemeanor probation is awarded to some offenders convicted of misdemeanor charges, felony probation is granted to some offenders convicted of felony charges.

Both types of programs allow an offender to serve most, or all, of their sentence under court supervision instead of custody in either:

• county jail, or
• state prison.

Note that if a person violates the terms or conditions of his/her probation, the judge does have the authority to revoke probation and send the probationer into custody.

Can a probationer leave the county while on probation?

A person on felony probation can usually leave the county provided that he/she gets prior approval from his/her probation officer.

Misdemeanor probationers, on the other hand, are typically free to leave the county when they wish. This is if they do not violate any probation terms in doing so.

With both types of probation, it is wise for a probationer to consult with experienced criminal defense attorneys, or a criminal defense law firm, prior to:

• actually leaving the county, or
• speaking with a probation officer.

A criminal defense lawyer will help protect the probationer’s rights and provide legal advice to ensure that he/she is not committing a probation violation.

Can a judge incorporate travel restrictions into the terms and conditions of probation?

A judge can impose travel restrictions as part of a person’s probation conditions. If a judge does impose such restrictions, a probationer is considered in violation of his/her probation if he/she violates the restrictions.

Consider, for example, a case where a person resides in Orange County, CA, and is on misdemeanor probation. When the judge in the case awarded the defendant probation, he/she did so with the specific condition that the defendant was not to leave the county. If the probationer later travels to Los Angeles County, then the person is in violation of his/her probation.

Note that in most states throughout the United States, judges have a great deal of discretion in crafting probation conditions.

Some common conditions of probation include that the defendant:

• pay fines and/or victim restitution,
• participate in individual or group therapy,
• complete community service,
• seek gainful employment,
• be subject to a restraining order,
• abstain from alcohol and/or drugs and attend a substance abuse program (in cases involving DUI or certain drug crimes),
• not drive with any measurable amount of alcohol or refuse a chemical DUI blood or breath test (if on DUI probation),
• install an ignition interlock device or SCRAM ankle bracelet (generally imposed in connection with a multiple offense DUI conviction), and
• not violate any laws.

In some cases, specific probation conditions are required by state law. For instance, some states say that people convicted of certain crimes of domestic violence must complete a type of perpetrator treatment workgroup.¹

What happens if a person violates his summary probation?

If a defendant fails to comply with the conditions of probation, the judge can do one of three things. These are:

1. warn the probationer and reinstate the same probation terms,
2. modify the probation order, or
3. revoke probation and send the defendant to jail/prison.

If the court orders the defendant to jail/prison, it can be for up to the maximum punishment for the original crime. There may also be an additional sentence if the probation violation involved a new criminal offense.

Keep in mind, though, that before a judge can revoke probation, a probation violation hearing must typically take place. At the hearing, the defendant will have the opportunity to deny or explain the violation.²

If the defendant fails to attend the hearing, or if the defendant loses, revocation immediately takes place and:

1. the defendant is placed into custody, or
2. the judge issues a court order for the defendant’s arrest (if he/she failed to attend).

What is the law in California?

California law follows the general rules outlined above. While those on felony probation must get their probation officer’s approval prior to leaving the county, those on misdemeanor probation can typically leave the county if they are not otherwise violating their probation.

In addition, if a probationer violates probation, then the judge can take the same actions as outlined above.

The main difference between the two types of probation in California pertains to the types of offenders that they are available to.

Almost anyone convicted with misdemeanor charges can receive summary probation.

The purpose of this type of probation is to:

• protect the public,
• restore the victim, and
• rehabilitate the offender.³

Courts, therefore, typically give summary probation to first-time and juvenile offenders. But even people with prior convictions may be eligible for it. A judge is likely to grant misdemeanor probation if a defendant will take advantage of a second chance.

Felony probation, on the other hand, is afforded to certain people convicted of felony charges (not misdemeanor charges). But note that not all people with felony convictions are eligible for this type of probation.

Whether or not a convict is eligible for formal probation depends on such factors as:

• the seriousness of the felony offense committed,
• whether the defendant was armed,
• the victim’s character,
• the degree of monetary loss to the victim,
• whether the defendant’s crime involved a complex plan,
• the accused’s attitude about probation, and
• the defendant’s prior criminal record before the felony conviction.⁴

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Legal References:

1. See, e.g., RCW 10.99.801.
2. See, e.g., Penal Code 1203.2 PC.
3. California Penal Code Section 1202.7.
4. California Rules of Court 4.414.