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An arrest in California will, almost always, result in detention. This limits your freedom and movement, significantly disrupting your life. You cannot go to work, run your business, attend school, or spend time with family or friends while in jail. However, pretrial releases are available for eligible defendants. You can post bail to await your trial from home.

While pretrial releases are excellent, they come with strict terms and conditions. You must abide by these terms to avoid a re-arrest and criminal charges for contempt of court. Travel restrictions are prevalent, since you must remain within the court’s jurisdiction until the determination of your case. It helps to understand such limits and the circumstances under which you can travel on bail. A skilled attorney can help you with that information and any permissions you need to travel. A reputable bail bondsman can help you with bail if you are eligible for a pretrial release.

Travel Restrictions After Bail Release

A pretrial release is not usually the end of your case. After your arrest, your case can go to trial for a court to determine it. The judge will give the final verdict, based on the evidence provided and your defense. Thus, pretrial releases only grant temporary freedom until your case is determined. Since the case is ongoing, courts require defendants on bail to remain within a particular location so they can easily attend all hearings regarding their case. This also gives police access to the defendant if they need further questioning. Thus, travel restrictions are critical in the smooth continuance of criminal cases.

Your eligibility for bail is mainly determined by your ability to make all court appearances. Defendants with a high flight risk can be denied bail to keep them available for the court to continue their cases. Thus, your ability to pay bail is not the only factor that courts consider when granting pretrial releases. You can be denied bail even if you have the financial resources to make bail if you are likely to flee the court’s jurisdiction.

Thus, bail travel restrictions are prevalent as a condition for a pretrial release. However, they are not usually the same for all defendants. Here are some of the bail travel restrictions the court can impose as a condition for your bail release:

  • A complete ban on traveling or leaving your community or state after a bail release. This can be the case if you are a habitual offender or a safety threat

  • A restriction on visiting certain places, or cities, where you could have business or family commitments

  • Bail travel restrictions against leaving the country, although you can freely travel within the country

Judges impose bail travel restrictions for various reasons, including keeping you within the reach of the police or court, or to protect some people, like the victims of your crime. If you had plans to travel before your arrest, it is advisable to cancel or reschedule your travel to avoid legal problems. The court will not postpone your hearing to accommodate your traveling plans. However, the judge can issue a warrant for your arrest when you fail to appear at a scheduled court hearing.

Remember that your flight risk is an essential factor to consider when the judge is granting bail. You can be denied a pretrial release if leaving state while on bail to avoid the trial is likely.

Exemptions to Traveling While on Bail

Travelling while on bail can affect the progress of your case. Since courts go through so many criminal cases monthly, they schedule particular times for each case. This ensures a smooth continuity of cases so that cases can be determined within a reasonable time. It will be unfair if a defendant waits months or years for the court to hear and decide their case. However, failure to appear can affect these plans and other cases. Judges do not grant pretrial releases unless assured of your readiness to appear in all scheduled court hearings.

Also, remember that an arrest will likely disrupt many things in your life, including your travel plans. Whether or not you can travel while out on bail should not be an issue of consideration because determining your case is most important. Remember that remaining within our community ensures compliance with your bail release conditions. This can work in your favor in the long run. Since you also have the right to a speedy trial, staying home makes it easier for the court to conclude your case within a reasonable time. If the case goes in your favor, you can travel after that.

However, some situations could compel leaving state while on bail. If you are faced with a dire need to leave town or the state, you should discuss it with your attorney for guidance on handling the need. This way, you will not violate your bail conditions and face the severe consequences of failure to appear. According to Senate Bill 10, you can travel out of California while on bail for the following reasons:

  • If you need specialized medical care that you can only receive outside the state. In this case, you should support your reason to travel with valid documents regarding the type of treatment you need and how long you will likely be receiving treatment.

  • If you have a key business matter in another state or country. It can be a critical matter with your business partners or clients, which requires your presence.

  • If you have an important event that is happening out of state, like a funeral of a close family member. You can also visit a sick relative in a hospital or palliative care outside the state.

If the court does not impose a travel on bail restriction on your bail agreement, you can freely leave the country as long as you are available on scheduled court dates. If your agreement makes an exemption for some places you can travel, you should be able to leave the country for these reasons. Also, if the agreement allows you to travel under certain conditions, you could be allowed to travel under these circumstances. However, you should not travel without the court's knowledge and consent.

If leaving state while on bail is allowed for some locations and not others, ensure that your travel does not include connecting through the restricted locations. It helps to avoid violating your pretrial release as much as possible, as it can affect the outcome of your case. Remember that if you must travel on bail, do so only if your bail agreement allows. Bail agreements for different defendants are different. Take time to understand bail travel restrictions on your bail agreement before making any traveling plans.

What To Know Before Traveling While on Bail

Traveling while on bail should only be done when it is necessary. Remember that courts have timelines to hear and determine criminal cases. Some cases take a shorter time than others, depending on the nature of the crime and the preparedness of the prosecution and defense teams. It helps to honor all court dates so that your case can be concluded within a reasonable time.

Additionally, if a travel restriction is part of your bail condition, you must honor it to avoid additional problems, like a re-arrest, fresh criminal charges, and bail forfeiture. Violating your bail is a serious matter in California. The judge will issue a bench warrant for your arrest. You will be charged with failure to appear, a misdemeanor offense, punishable by six months in jail. The court can also forfeit your bail, resulting in a significant financial loss.

However, some situations may arise, requiring leaving state while on bail. In this case, you must work with your criminal attorney to ensure no legal implications can affect your legal situation further. Here are some of the precautions you must take to protect yourself if leaving state while on bail is a must:

Understand Your Bail Terms and Conditions

Find out the terms and conditions of your bail, which are mainly about traveling out of the state or country. This will inform your next course of action if you must travel. Remember that some bail conditions allow traveling out of state but not countrywide. Other conditions restrict traveling anywhere, even to another town. Understanding the limitations of your bail release will inform your decision-making. Talk to your attorney to ensure that you understand the terms of your bail well to avoid making mistakes that could compromise your situation further.

File a Formal Request with the Court

If your bail conditions do not allow you to travel where you want, you must file a formal request with the court and await the judge’s approval. This request must be done only if you have a valid reason for wanting to travel in a restricted location. For example, you could travel to see a sick person or bury a close relative. You can check if there are exemptions in your bail terms and conditions.

The judge will consider the terms of your bail release and underlying charges to grant or deny your request. They can make an exception if your reason for traveling is valid.

Ensure the Travel Will Not Result in Failure to Appear

If you already have a scheduled court date, it helps to ensure your travel plans do not coincide. Court dates are carefully set to ensure a smooth and continuous process of your case and other cases the court handles. If you miss a hearing, you will violate your bail. This will result in an arrest and a possible bail forfeiture. Additionally, it can further prolong your case or disrupt the court, which could cause a backlog of cases. If the court grants the travel request, try as much as possible to avoid traveling or being away on a scheduled court date.

Travel for Only the Purpose Indicated in the Petition

If you file a petition in court to be allowed to travel on bail out of state or country while on bail, stick to that purpose. You will avoid legal problems by doing so. If you take advantage of the granted permit to visit other places or travel for vacation, you will be in contempt of court. Being in contempt of court means deliberately disobeying a court order. It is a crime that can result in penalties like jail time and court fines.

Inform the Court of Your Whereabouts, Even for Unrestricted Travels

Remember that some bail conditions allow you to travel on bail to places outside your town or state. You should carefully use these privileges to avoid issues with the law. While on bail, the best thing to do is to remain within the court’s jurisdiction. This makes it easier for the police to find you if they need clarification or further information regarding your case. To avoid legal issues, ensure the court knows your whereabouts, even if traveling is allowed while on bail. The police can easily contact you if something is needed before the trial. Additionally, ensure you appear on the date set for your trial.

Find a Trustworthy Bail Bondsman Near Me

Finding help with bail from a bail bondsman is very easy today if you are eligible for a pretrial release but cannot afford it. Bail bondsmen work closely with defendants and their families to ensure that more eligible defendants obtain pretrial releases. However, bail releases come with strict terms and conditions that you must abide by to avoid bail forfeiture. Before determining your case, travel restrictions ensure you remain within the court’s reach.

At Alana’s Bail Bonds, we ensure you understand all your bail terms and conditions to avoid a violation that can result in an arrest and bail forfeiture. We advise you to inform the court or file a petition if you must travel out of town, state, or country while on bail. We also process your bail release quickly so you can reunite with your loved ones after an arrest. Call us at 619-468-9333 to learn more about our services and your obligations.