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Modifying Probation Terms

What if the terms of my probation are unclear?

Many people wonder what they can and cannot do while on supervised probation. The number one thing a probationer should do is make sure he or she follows the orders of his or her probation officer. The main terms of probation are often set out in the plea and sentencing paperwork. However, if you are subject to a probation violation, it is likely the court will ask for the opinions of the probation officer. Further, while we don’t agree with this tactic, a probation officer has the ability to issue a warrant for violations. While many judges also despise this practice, it can happen and a probationer can end up with a warrant without any court date being set. This is of course until a criminal defense lawyer gets involved or the court sees the probationer is in custody.

If you are receiving orders from a probation officer that you feel were not a part of your probation, unfair, or no longer necessary, you can contact a criminal defense lawyer to file a motion to amend or clarify bond conditions in the court for which you are on probation.

Can I travel on my Probation?

The most common question asked about probation is whether a person can travel. This again depends on the terms of your specific probation. If it is set out in your paperwork, then you must follow the terms provided. If it is not specifically set out, then you should get permission from your officer. If your request is denied, then as discussed, it may be best to file a motion with the court.

Contact an H|W attorney today if you would like to file a motion to amend, terminate, or clarify the terms of your probation or if you are facing a probation violation.