Can I Travel If I’m Out on Bail Awaiting Trial?
Getting arrested and charged with a crime is stressful enough. The uncertainty of awaiting trial can make it hard to go about your regular life. You may be wondering, can I travel while out on bail before my trial? The short answer is maybe. Whether you can travel depends on the conditions of your release and bond agreement. Let’s break it down.
First, what exactly does being “out on bail” mean? Bail is money or property given to the court to secure your release from jail while awaiting trial. The purpose of bail is to ensure you show up for future court appearances. If you attend all required hearings, the bail money is returned to you or your bail bondsman after the case concludes.
When you post bail, the court sets certain conditions of release. These are restrictions you must follow while out on bail. Common examples are things like:
- Avoiding contact with alleged victims or witnesses
- Staying in the local area
- Obeying a curfew
- Not using drugs or alcohol
The conditions are meant to minimize any risk of you fleeing or posing a danger. The specific terms will depend on your charges, criminal history, ties to the community, and other case factors.
Travel Restrictions in Bail Conditions
One common condition of release is a requirement to stay local. For example, your bail terms may say you cannot leave the county or state. If so, traveling out of the area would violate your bail and land you back in jail.
In some cases, the court restricts international travel. This prevents flight risks from fleeing the country before trial. Conditions may require you to surrender any passports and travel documents.
If your bail terms do not expressly limit travel, you may be able to go about your regular trips. Still, it’s smart to check with your attorney before planning any extensive travel. The court may need to approve trips beyond a certain distance.
Getting Permission to Travel
If you have a legitimate need to travel while out on bail, you can request permission from the court. For example, you may need to travel for:
- Work reasons
- Family emergencies
- Medical treatment
- School
Discuss your situation with your criminal defense attorney. They can file a formal motion asking the judge to modify your conditions of release to allow travel.
The court will consider factors like:
- Your ties to the community
- Your compliance with bail terms so far
- The purpose and length of the proposed travel
- Your criminal history and charges
If the judge finds you are not a flight risk, they may grant permission to travel. It’s possible they will require you to post additional bail money while traveling to further guarantee your return.
In some cases, the court may allow travel but require regular check-ins with pretrial services. You may have to provide a detailed itinerary with contact information. Frequent reporting helps ensure you do not miss any required court dates.
Consequences of Violating Bail Conditions
It’s critical to comply with your bail terms. Violations can land you back in jail and cause bigger problems.
If you travel without permission, the court may revoke your bail. Police may arrest you on a bench warrant for bail jumping. When you appear before the judge, they can either:
- Reinstate the original bail terms
- Set higher bail with stricter conditions
- Detain you in jail until trial
In some states, bail jumping is a separate criminal charge. This results in additional fines or jail time if convicted.
Violating any bail restrictions also hurts your case. It shows the court you are not taking the charges seriously. This can impact plea negotiations and sentencing if convicted.
Using a Bondsman
Rather than paying the full bail amount yourself, you can use a commercial bail bondsman. You pay the bondsman a nonrefundable fee, usually 10% of the bail. The bondsman posts a bond for the remaining amount. This saves you from tying up money until the case ends.
A bondsman has incentive to make sure you comply with release terms. If you miss court or violate other conditions, they can revoke the bond and have you rearrested. The bondsman does not get that money back.
Some bondsmen may be more willing than the court to modify bail terms for legitimate travel. A bondsman’s main concern is ensuring you appear in court. As long as the trip does not pose a flight risk, they may accommodate it. Still, it’s essential to be upfront about any travel plans.
Using GPS Monitoring
For defendants deemed higher risk, the court may order GPS monitoring as a condition of release. An electronic ankle monitor tracks your location at all times. This allows some freedom of movement while ensuring you remain in the local area.
GPS monitoring can provide a compromise if you need to travel. The court may allow trips within a wider region as long as your location is continually monitored. While not ideal, it beats being stuck in jail until trial.
Immigration Consequences
For non-citizens, traveling abroad while on bail creates additional complications. Leaving the U.S. can trigger an automatic removal order for “self-deportation.” You may be denied reentry even if you have a visa or green card.
Discuss your immigration status with your attorney before traveling internationally on bail. You want to avoid any unintended immigration consequences.
Takeaways
The bottom line is you need to comply with the exact terms of your bail release. While it may seem inconvenient, these conditions allow you to prepare your defense from home rather than jail. Violations can jeopardize your freedom, immigration status, and the case itself.
That said, the court may grant permission to travel for legitimate reasons if you are not a flight risk. Discuss any travel needs with your attorney and request modifications to your conditions of release. Be upfront and get approval rather than violating terms.
With careful planning, you may be able to maintain parts of your regular routine while awaiting trial. Just be sure to clear any travel with the court so you avoid unintended consequences.