Can you leave the state if you are on summary probation in California?

Posted on June 22, 2021

In California, people on summary probation can generally leave the state. However, any out-of-state travels cannot infringe on their ability to meet the other terms of their probation. Breaking any of those terms can violate probation. If this happens, probation may be revoked. The probationer can be sent to jail for the remainder of his or her sentence.

Does California impose travel restrictions on summary probation?

Typically, California judges do not impose travel restrictions on defendants who are being sentenced to summary probation. This is because summary probation does not require the defendant to meet with a probation officer on a regular basis. Instead, the probationer meets with a judge, in court. These meetings are often less frequent.

Summary probation is also known under California’s criminal law as:

• misdemeanor probation, or
• informal probation.

It is one of two types of probation in the state of California. The other is felony probation, which is also known as formal probation.

Both of these forms of probation are meant to supervise a defendant who has been convicted of a crime. They supervise the defendant without sending him or her to jail. In lieu of jail time, the defendant has to comply with a set of terms and conditions imposed by the court.

The terms of your probation can be fairly strict. They are more lenient for misdemeanor probation than for formal probation. Formal probation is imposed for a felony cases, which are more severe criminal cases. The terms of probation are also tailored to suit the defendant’s past, as well as the current criminal conviction.¹

However, summary probation can still significantly impact the probationer’s life. Even if the judge does not restrict the probationer’s travel, other terms and conditions can make it impossible to leave the state.

What other terms of informal probation can prevent out-of-state travel?

Some common terms and conditions of summary probation that can affect the defendant’s ability to leave the state include:

• regular status meetings with the judge,
• abide by any and all restraining orders that were put in place,
• complete community service,
• regular drug tests,
• participate in counseling, anger management, or therapy sessions, which are common after a domestic violence offense,
• scheduled alcohol rehabilitation meetings, if the underlying offense was a DUI conviction, and
• attend all required court dates.

Probationers who have out-of-state travel scheduled may be able to modify the terms of their probation to accommodate their plans. Judges are more likely to approve these accommodations if:

• the out-of-state travel is necessary, often for work or for a family emergency,
• is out of the probationer’s control, and
• adequate notice is provided.

However, it is still entirely within the judge’s discretion to change the terms of probation. If the judge refuses to make the change and the defendant travels out of state, anyway, it will likely be treated as a probation violation.

What are the possible repercussions of a probation violation?

If a probationer violates a term of their summary probation because they left the state for travel, a probation violation hearing will be scheduled. At the hearing, the prosecutor will urge the judge to revoke probation. The probationer’s criminal defense lawyer will then present evidence that either:

• there was no violation of the terms of probation, or
• the violation was only a minor one, and unworthy of revocation.

After hearing both sides, the judge will do 1 of 5 things. California law allows a judge to issue a court order to either:

1. revoke probation and impose the maximum jail sentence allowed by law,
2. revoke probation and send the defendant to jail to serve the rest of his or her original sentence,
3. modify the conditions of probation to make them stricter,
4. excuse the violation and reinstate probation under the same rules, or
5. order additional community service.²

Missing a required appointment for probation in order to travel out of California is not a small violation. Judges may decide to revoke probation completely if it was not the first violation of probation. They may also revoke probation if the judge thinks it was done in bad faith. With the legal advice of a criminal defense attorney from a local law firm, defendants can work to avoid a probation revocation and secure an outcome that they can live with.

Is it different for formal probation?

Formal probation is different from summary probation in that the terms and conditions are stricter.

Felony probation has very strict and demanding rules. One of those rules is often a very specific prohibition against travelling outside of the county. The only way to travel out of state under formal probation is with the prior approval of the defendant’s probation officer from a California probation department.

Felony probation also has more frequent check-ins. These can prevent the defendant from travelling out of state for any length of time, even with prior approval.

Violations of formal probation often come with higher consequences than violating summary probation. Judges are more likely to revoke felony probation and impose a prison sentence for the remaining time. This is especially common if the defendant has a criminal record or has already violated probation, before.

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