The short answer to this question is that it depends on your unique circumstances. In most cases, it is not possible to move out of Utah while on parole or probation. If you wish to move to another state, you must submit your request to your parole or probation officer, who corresponds with the court system, the police, and the Utah Board of Pardons and Parole. If you’ve been charged with violating your parole or probation, Salt Lake City probation violation lawyer Darwin Overson can help.
Can You Move Out of State While on Parole or Probation?
A person who is on parole or probation in Utah must follow certain rules and regulations, which are known as “conditions” of probation or parole. There are two types of conditions: standard conditions, which apply in a broad range of cases, and special conditions, which only apply to narrow types of cases.
Under the section titled “Reporting,” the standard conditions of probation in Utah clearly state the following: a person who is on probation cannot “leave the state of Utah, even briefly, or any other state… without [receiving] prior written permission” from his or her parole or probation officer, also known as an “AP&P agent” (Adult Probation and Parole). The standard conditions of parole contain virtually identical provisions, noting, under the section labeled “Out of State Travel,” that the parolee “will not leave this state, or any other state… even briefly, without prior written permission from” an AP&P agent.
If a parolee or probationer leaves Utah without submitting and receiving approval for a request beforehand, he or she will be in violation of these conditions – and further, risks being extradited back to Utah to face charges. Serious consequences can result from a probation or parole violation in Utah, as our Salt Lake City criminal defense lawyers discuss later in this article.
Other Conditions of Probation and Parole
Remaining in the state of Utah, subject to court permission, is not the only rule that must be followed. Other examples of standard conditions of probation or parole include, but are not limited to, the following:
- Allowing AP&P agents to visit your home or apartment while you are on probation or parole
- Avoiding any additional arrests or new criminal charges
- Finding steady, lawful work (or, as an alternative, the appropriate training or education)
- Following a curfew (for example, 6:00 P.M. to 9:00 A.M. during your first three months on parole, with some exceptions permissible for school, work, or medical appointments)
- Refraining from owning or purchasing any guns, explosives, or other “dangerous weapons”
- Refraining from using, possessing, or selling drugs, such as marijuana, OxyContin, or methamphetamine
- Submitting to drug tests
Special Conditions of Probation and Parole
Special conditions of parole or probation are only imposed where applicable, and might include terms such as:
- Avoiding self-employment
- Carrying certain forms of identification
- Participating in court programs for sex offenders or drug addiction
- Paying for the costs of being extradited
- Receiving financial education
- Refraining from driving
- Submitting to GPS location monitoring
- Taking certain courses, such as a “Life Skills” class
- Undergoing evaluation and therapy
What Happens if You Violate Probation or Parole?
If you leave the state in violation of your parole or probation, you will be extradited back to Utah to face the consequences. These consequences range in severity based on the nature of the violation.
For a major violation, like attempting to flee the state without permission from Adult Probation and Parole, the penalties can be devastating. The court may fine you, order you to complete community service, impose harsher rules, or even send you back to prison. For more information about this subject, you might wish to read our previous blog post explaining what happens on your first probation violation, or our article discussing common examples of probation violations.
Salt Lake City Probation Violation Lawyer Offering Free Legal Consultations
If you have been charged with violating probation or parole in Salt Lake City, you are at risk of losing your freedom. You could be heavily fined, or even sent back to jail or prison to serve additional time. It is in your best interests to contact an experienced Park City criminal defense lawyer, like Darwin Overson, who has spent more than 16 years handling probation and parole violations throughout the Salt Lake County region.
If you or one of your family members needs legal help in Salt Lake City, turn to Overson Law for aggressive representation you can trust. Contact us online to set up a free consultation, or call our law offices at (801) 758-2287 to speak confidentially with an attorney. Our line is open for your call 24 hours a day, seven days a week.