You took a trip. Maybe it was a last-minute family emergency, or perhaps it was a simple oversight. Now, you face a probation violation charge because you left the jurisdiction without permission from your probation officer (PO) or the court. This serious matter can feel overwhelming, especially with the concern of the suspended sentence looming over you.
The immediate danger of unauthorized travel
Probation is a less severe punishment compared to jail time. The courts can allow you to stay at home and maintain employment. However, your suspended sentence comes with strict conditions, and unauthorized travel is one of the easiest to violate.
The courts treat a first unauthorized travel as a second technical violation. As a result, the judge can sentence you to a maximum 14-day jail time.
The lack of willfulness defense
But what if your probation violation occurred due to an unforeseen circumstance? Fortunately, you have the chance to defend yourself.
You must demonstrate that your violation was not willful or intentional, as the courts can consider this as a mitigating argument. For instance, your parent became hospitalized across state lines, requiring your presence. You need to compile verifiable evidence, such as hospital records, to show that you are not a flight risk and that the trip was for a non-criminal reason.
Your proactive next steps
Upon receiving a notice of hearing, being proactive is key in building a defense. Gather proof, learn more about your rights and resume compliance with your other probation terms.
Facing this alone can put you at risk of making unintentional mistakes. Seeking legal counsel can offer guidance on navigating your unique situation. Your freedom is too valuable to leave to chance.