Can You Travel When You’re Facing a Criminal Charge?

If you find yourself in a situation where you’re facing criminal charges, you might be wondering what you’re allowed to do. One especially important consideration is travel. Whether it’s a vacation, a business trip, or a situation where you need to visit family, life doesn’t stop just because you have a pending court case. But are you legally allowed to travel?

The short answer is: it depends. The specifics of your case, the nature of the charges, and the conditions set by the court all play a role in determining whether you can leave your town, state, or even the country. 

With that in mind, we’re going to explore the key factors that influence your ability to travel when you’re facing a criminal charge, and what steps you should take to ensure you stay within the law.

Conditions of Your Bail or Bond

If you’ve been charged with a crime and released on bail or bond, your ability to travel will largely depend on the conditions set by the court. When you’re granted bail or bond, the court often imposes certain restrictions on your movements. These conditions are meant to ensure that you’ll appear at your scheduled court dates and not flee the jurisdiction.

Some of the most common travel-related conditions include:

• Travel Restrictions: You may be restricted from leaving the state or country. In some cases, you might even be required to stay within a specific area, such as your county or city. All of this will be spelled out in the conditions of your bail or bond.
• Passport Surrender: For more serious charges, the court might require you to surrender your passport to the court while you’re on bond to prevent you from leaving the country. If that’s the case, your name will be put on an international “do not travel” list, which would flag your passport if it were to be scanned at an airport. Your passport will be kept until the conclusion of the case.
• Permission to Travel: If you need to travel, you might be required to get permission from the court or your bail bondsman before making any plans. This typically requires extenuating circumstances (and may even require a larger bond payment or some form of additional collateral).

It’s important that you fully understand and adhere to these conditions. Violating any of them can result in severe consequences, including having your bail or bond revoked, which could lead to being taken into custody until your trial.

Consulting with Your Attorney

Before making any travel plans, the most important step you can take is to consult with your criminal defense attorney. Your lawyer will have a clear understanding of the charges against you, the court’s conditions, and what options you have for travel.

Your attorney can also advise you on the best course of action if you need to travel for an important reason, such as a family emergency or work obligation. 

According to Tessa Muir at SBBL Law, “In some cases, your attorney might be able to file a motion with the court requesting permission for you to travel. The court will consider the reason for your travel, the nature of your charges, and your past behavior before making a decision.”

Your lawyer’s guidance is essential because even a well-intentioned mistake could have serious repercussions. For example, if you were unaware of a travel restriction and decided to leave the state, it could be seen as an attempt to flee, leading to additional charges or harsher penalties.

Types of Charges

The nature of the charges against you can significantly impact your ability to travel. Some charges are more likely to come with strict travel restrictions, while others might allow for more flexibility.

• Misdemeanor Charges: If you’re facing a misdemeanor charge, you might have more leeway when it comes to travel. However, this isn’t guaranteed. You should still check with your attorney and review any conditions set by the court.
• Felony Charges: Felony charges are generally more serious and are more likely to come with strict travel restrictions. Courts are more cautious with felony cases, so you’re more likely to face limitations on your movements.

If your charges involve a violent crime, drug trafficking, or other serious offenses, the court may impose stricter conditions to prevent you from fleeing or committing further crimes. In these cases, travel is often severely restricted or prohibited altogether.

Traveling Internationally

International travel while facing criminal charges is particularly complicated. Even if the court allows you to travel outside the country, you might face other obstacles. For example, some countries have strict entry requirements and may deny entry to anyone with pending criminal charges or a criminal record.

Before planning any international travel, check the entry requirements for the country you intend to visit. Some countries require you to disclose any criminal charges or convictions as part of the visa application process. Failure to do so can result in being denied entry at the border.

Stay Informed and Prepared

If you’re facing criminal charges and need to travel, staying informed and prepared is key. Keep all court documents and communication with your attorney readily available, and always adhere to any conditions or restrictions set by the court.

If your circumstances change – for example, if you receive a court date or your charges are escalated – immediately inform your attorney and reassess any travel plans. Staying proactive and cautious will help you avoid any legal complications that could worsen your situation.