Quite a majority of us love traveling and the good news is that we do not have to worry whether it is lawful or not. However, the rules change slightly for those out on bail. They need to address the question whether they can leave the state while on bail or not. This is a fundamental question that needs to be addressed prior to traveling out of the jurisdiction.
Traveling while on bail presents a number of legal challenges. These challenges need to be addressed for you to leave the state legally. Questions regarding traveling are usually brought up during bail hearings and courts address them adequately in the terms and conditions of your release on bail. Before determining the solutions to these challenges one should determine whether the language of their bail clearly states that they should not travel.
In case of ambiguity then clarification ought to be sought. What dictates whether you can leave the state or not? There are generally two authorities that have the power to dictate whether you can travel out of the jurisdiction of your alleged offence or not. These authorities are the court and your Bail Bondsman.
The courts can expressly dictate that you should not travel under the terms and conditions of your release. However if it is not clearly stated, permission ought to be sought. Normally the defendant writes and submits a request to the court regarding their intent to travel. The court processes this request and responds appropriately. It may grant the request and give requirements you should fulfill or they can decline your request. Similarly, you ought to write and seek permission from your Bail Bondsman.
This may also be the case when you need to travel after it was initially stated that you should not travel. A letter explaining your reasons may do the trick and get your permission. Seeking express permission should be a priority lest you can be rearrested.
While it might be lawful for you to travel, try ensuring that your travel does not conflict with the date scheduled for your trial unless you have valid reasons for medical emergencies.
For lawful, valid travel you should communicate early to allow rescheduling of your trial. Failure to communicate may result in it being interpreted as a deliberate effort to avoid facing trial.
Should I just leave knowing that I will come back?
While you may have genuine reasons and intentions for traveling, they should not contravene any of the terms and conditions of your release on bail.
It is in your very best interest to comply with directions handed to you. Defying those directions may result in you forfeiting the bail or collateral you placed in the promise of following directions handed to you for your release on bail. Besides if rearrested, you stand to face additional charges that may land you in trouble.
Any agreements you had in the past regarding bail will become voidable.
With regard to felony charges, if your word is actually taken and made the bond for your behavior in future will be directly reflected by your actions. Promises to behave in a certain manner do not automatically mean you are an honest and trustworthy person.
Owing to the nature of your charges being classified as felony charges, you are inclined to be denied any traveling privileges. Any unsanctioned travel may be perceived as an attempt to escape justice. Nonresidents of the jurisdiction. For those out on bail in jurisdictions they are not residents of, the responsibility on accommodation fully befalls on them. In most circumstances, leaving the jurisdiction is almost never granted but further directions should be sought from your Bail Bondsman.
However, the fact remains that you ought to cater for your own expense right up to your arraignment in court. Questions pertaining the legality of traveling out of the jurisdiction while on bail will continue to be raised. However, it is mandatory to note that each case presents its own legal challenges. For this reason, having a professional or experienced bail bondsman on retainer is very paramount.
They are not only capable of improving your understanding but also protecting your interest by guiding you on steps to take in various circumstances. Having them will enable you to answer this important question of can you leave the state on bail?