I was sentenced to 7 years felony drug offender probation on a 6 year suspended prison sentence in October 2010. Some of the conditions of probation are 10p-6a curfew and must stay in the county unless permised by my p.o.. I have a genetic condition that requires specialists appointments all the time. Recentley I have been told that I will need to travel out of the county for 3 or 4 days and before long will need to leave the state for medical tests and appoinments. The judge and prosecutor are familiar with my medical condition as is my p.o. but my p.o. says he cannot allow me to go anywhere overnight without a court order. what would be the best solution for this problem and how do i do it.
You may be forced to receive treatment for your medical condition in the State of Florida.
I'm sure the judge will want to see proof that in a state as large and as advanced as Florida is, that your condition can not be adequately treated within the state.
So, you'll need a letter (preferably notarized) from the physician that is treating your condition.
I doubt that a letter written by a nurse, or even a psychologist will suffice; but you can try getting that by the court.
remember, whatever letter you get, should be notarized.
That isn't a show stopper, but the medical practitioner that authors the letter should send it directly to the judge that sentenced you, the prosecutor who presided over your case, your probation officer, and your attorney (with a copy to you).
Then you'll probably have to get a motion before the sentencing judge asking for a court order allowing you travel out of state for medical treatment.
The judge may want to have the medical practitioner testify under oath in open court on the record.
You might want to ask your POI fopr guidance, as I am sure this have come up in the past.
Or, you might wish to inquire of the attorney that represented you.
Be advised, don't expect miracles, because some judges might say that you can get treatment in Florida.
I don't know what will be said, but expect some push back at some point from someone.
You're out on probation/parole, it isn't a right. It is a privilege.
So, be prepared for your wants to get shot down unless this is the only place you can get treatment, which I highly doubt and so will the court!