By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Collin County Community Supervision’s policy is that you can travel as long as you’re in “good standing.” What exactly that means and who gets to make that decision is the big question. Unfortunately travel requests often trigger power struggles between probation officers and probationers.
Routine travel which is work related normally isn’t an issue. I’ve seen many probation officers balk, though, when presented with leisure travel or pre-planned vacations on the other side of the world. It’s not uncommon for a probation officer to give vacillating answers or say they “need to check with their supervisor” which drags out the problem perilously close to date of travel.
To me – the policy is the policy. If someone is in good standing, then the who, what, when, where and how of a probationer’s travel is none of the officer’s business as long as all requirements are otherwise being met.
Probation officers are hard working but they’re human like everyone else. Perhaps they feel their control over the probationers is jeopardized with such a request, perhaps they think probation should be a moratorium on relaxation, or perhaps there may even be a twinge of jealousy involved.
Let the Judge Decide
The Judge has the final say about whether or not someone can travel while on probation. They can and often do over-rule your probation officer. They aren’t interested in the daily power-struggles between a probation officer and a probationer and they frequently see probation’s opposition to travel as petty or arbitrary.
If you are being denied the ability to travel while on probation — call your lawyer!
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. For any question you may have you should contact an attorney directly.