(certainly not a request for legal advice, and the cities mentioned are just examples, feel free to substitute others)
Suppose Joe is a ordinary guy from Baltimore who happens to take a trip to LA for a week long business conference. One night, after the conference activities, he gets into a drunken bar brawl and is arrested and convicted of assault and battery. Being a first time offender being convicted of a misdemeanor, the judge goes easy on Joe and sentences him to six months probation with the standard conditions.
Normally, a person on probation has to remain in the vicinity (if not the exact jurisdiction) of their conviction and has to report regularly to their probation officer.
How does it work when a person is on probation in a jurisdiction far from their home, job, and family? Is Joe realistically going to have to quit his job in Baltimore and find an apartment and job in LA for six months, or does the law provide some sort of help in this type of situation, such as permitting him to do his probation in Baltimore?
Yes, there’s typically comity between various parole and probation agencies in the country, and assuming no one one on the prosecution side had any reason to object, it’s reasonably routine to work out a deal where Joe completes his sentence in Balitmore.
Happens all the time. They can work out a transfer (usually for more serious crimes). In your example “probation” usually means “stay out of trouble for 6 months and we’ll leave you alone.” In Washington State they call t hat “unsupervised probation.” They pull you record in 6 months and check out that you’ve been good. If nothing pops up (and you’ve paid your fines), the case is over.
In that case, of course the judge knows where Joe lives, so the conditions of his probation would have him stay in that area and report to a probation officer there.
In cases where a person later finds that they need to travel for business or another good reason, they may be allowed to do so with the prior consent of their probation officer. In my experience (and that of my friends), as long as you don’t get in any more trouble, show up for meetings, pay the fines, etc. probation officers are willing to be flexible.
Such cases are governed by the Interstate Compact. The specific case you lay out would not be eligible for transfer under the Compact because it is a misdemeanor charge with less than one year of probation. In those cases the probation department will usually allow you to return to your home state and report from there. All felony cases and a few misdemeanor cases require the probation to be transferred through the Compact offices in each state.
North Carolina also has “unsupervised probation” – which simply means, “Go home and stay out of trouble for [term of probation], or you may incur a jail/prison sentence commensurate with the offense you’re being released on UP for, over and above what else you may have done to get arrested.” In New York, this sort of sentence is called a “conditional discharge” and it’s basically probation without the need to report or to remain in the jurisdiction: remain out of trouble and comply with conditions laid down by the judge (e.g., pay restitution for damages caused; don’t get drunk and stupid) for the time stated, and you’ve fulfilled the terms of the sentence.
Note that this differs from indefinite adjournments, continuation of judgmentsm, etc., which are putting the case on indefinite abeyance, with no sentence imposed (and in the case of indefinite continuations, no conviction) – the “sentence” is simply to comply with the judge’s instructions at sentencing, and represents the termination of the case.
How does it work with leaving the country? For example Lindsay Lohan, I believe was on probation, but still able to travel abroad. Are there typically no travel restrictions or does it depend on the offense and the likelihood of never returning?.
It’s all decided by the probation officer, and/or the courts.
I have a brother that got in a bit of trouble, and as he kept his nose clean following his arrest (and subsequent 2+yr probation), his PO would routinely give permission to travel both domestically, and internationally. He was required to carry detailed paperwork as to where/how he was allowed to travel. Any place he planned to stay the night needed to be listed, as was expected private vehicles he’d be using.
He never violated it, or got in any trouble that would have caused it to be checked, but it could be arranged.
I’d assume in the LL case, there was enough compelling reason to believe that she’d return as expected, or otherwise handle any changes through her PO.
What about before the trial even happens? Let’s say I’m in LA on business and get in trouble, but the court date isn’t for a few weeks, or maybe even a month. Would I have to fly back down to LA to answer for what I’ve done, or can they try me in NY for the crime?
You would have to return to LA for the trial, assuming they let you go back to NY while the case is pending. Often a condition of your bond is that you can’t leave the state. Non-residents can usually get this waived by signing a waiver of extradition, but if they think you’re a flight risk they might deny this.