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Just because you are on a bail bond doesn’t mean life stops. You may still need to move around the state for work, travel, or stay with family.
Unfortunately, courts can sometimes limit your movements on a bail bond. For instance, judges may not let you move out of state or may restrict your movementin some way. Worse still, the regulations can be confusing.
This post aims to help. We look at when permission to move out of state is essential, the factors affecting approval, and the best practices when on a bail bond and considering moving.
In short, whether you can move out of state while on bond depends on the court’s decision. Some judges will allow it, while others won’t.
When Permission Is Essential
Some bail and bail bond agreements stipulate that you must get permission if moving out of state. However, others forbid you from doing so entirely. Therefore, you will need to check the terms and paperwork, preferably with the help of an attorney.
Getting Court Approval
For example, you may violate the terms of your bail conditions if you fail to get permission from the courts to move out of state. Law enforcement may respond by:
- Arresting you (regardless of where you are in the country)
- Raising the bail amount and arresting you if you don’t pay it
- Revoking the bond, forcing you to renew it under new terms or return to jail
Getting Bond Company Consent
You may also violate the terms of your bond agent agreement if you move out of state. That’s because doing so raises risks for the firm.
Bond companies can compensate for these risks by increasing collateral or cosigners. For instance, that might include raising their stake in your home or adding your car to the list of items they can confiscate. Agents may also ask you to provide additional information about your whereabouts or add co-signers who can pay bail on your behalf if you don’t show up to court.
Note that getting bond company consent is not always a legal requirement. However, it may mean you are in breach of the original agreement and require a new one with additional terms.
Factors That Affect Permission
Courts will consider various factors when deciding to permit you to move out of state. While they understand that life doesn’t stop just because you are awaiting trial, they are also aware of the downsides of free movement.
The Reason For Moving
Courts will consider the reason for moving and ask you to justify it. Moving for compelling reasons is favorable compared to just wanting a change of scene. For instance, courts are more likely to grant permission if you are moving for:
- Medical reasons (for example, moving to a rural location to avoid city pollution from worsening a lung condition)
- Job opportunities (for example, accepting a higher-paying job out-of-state that improves your prospects)
- Family emergencies (such as moving to help a family member who recently suffered an injury or a terminal health diagnosis)
Travel Distance
Courts will also consider the distance you need to travel to get to the court. While living out of state might offer the lifestyle you want, it could prevent you from fulfilling various legal obligations.
The courts’ primary concern is whether the added distance will affect your ability to attend your court dates. Judges will want to see that you have suitable transport options available in the new location.
Sometimes, courts deny applications to live out of state to protect your interests. Traveling short distances to court is preferable because you are less dependent on unreliable transport. While internal flights can shut down, cities rarely grind to a halt. Furthermore, you can still walk to the court (or cycle there) in the worst-case scenario. That’s not possible when traveling distances of hundreds of miles.
Courts will also consider the financial burden of travel expenses. Getting to court might be prohibitively expensive for you, based on what they know about your history.
Living closer to your home state may increase the odds of moving permission. For instance, relocating from California to Nevada is preferable to New York because flights are cheaper. However, you may need to provide courts with information about your finances to prove you can meet the financial costs of attending all legal requirements.
Finally, courts will also consider the absolute travel distance as a proxy for flight risk. The further away you are, the more likely you are to skip your court date (according to their belief). Again, therefore, sticking close to home may be beneficial.
Best Practices For Moving Out Of State While On Bond
Knowing what to do when moving out of state while on bond is essential for the best possible outcome. Understanding the strategies you should use can help you live the life you want without restrictions.
Here’s our advice on what to do:
Talk To An Attorney
Speaking to a qualified lawyer who understands the rules around moving out of state while on bond can help tremendously. Professional attorneys can offer in-depth guidance to ensure you follow the legal process.
While bail bonds and court decisions might sound complicated, they follow a formula. Hiring a professional legal expert simply lets you navigate this process without making any errors.
Inform The Court And Bond Agent
You should also inform the court and bond agent about your decision to move. Third parties can flag issues with your decision before you uproot your life and change your location.
It also helps you avoid violations. As discussed, breaking the terms of bail could lead to bond revocation.
Obtain Written Consent
Finally, ensure you obtain and retain written consent to move from the court and bail agent. Keeping this document provides you with compelling evidence and reduces the risk of violating bail terms.
Now You Understand Moving Out Of State On Bond
If you have read this far, you should understand everything you need about moving out of state on bond. Every case is different so courts will tailor bond conditions to you. Always work with a legal professional when considering moving out of state to avoid violating bail conditions.
