Can You Travel With a Pending Felony Charge?

Whether or not you can travel with a pending felony charge depends on the specific circumstances of your case. In general, those out on bail or released pending trial typically can travel domestically, but may need permission to travel internationally. Those held without bail will likely not be permitted to travel freely outside of court hearings and attorney meetings. This article provides an in-depth look at the travel restrictions and considerations for those with pending felony charges.

Can You Travel With a Pending Felony Charge?

What constitutes a felony charge and how does the process typically unfold from arrest to conviction? Understanding some key definitions and procedural basics provides helpful context.

Felony Charges

A felony is generally defined as a serious criminal offense punishable by imprisonment of more than one year. Felonies carry more severe penalties and longer-term consequences than misdemeanors. Some examples of felonies include:

• Theft or fraud over a certain dollar amount threshold determined by each state
• Serious assaults such as aggravated assault and battery
• Drug distribution and trafficking offenses
• Burglary
• Robbery
• Homicide

Arrest and Charging Decision

Suspects are typically arrested and taken into police custody once sufficient evidence establishes probable cause that they committed a crime. Within approximately 48 hours, suspects generally appear before a judge or magistrate for a bail hearing. At that point, prosecutors may formally charge the suspect with a crime.

If the charges meet the threshold for a felony offense, the case may be bound over to a grand jury. This jury determines if enough evidence exists to formally indict felony charges, which allows the case to move forward to trial. If indicted, defendants appear before the court again to enter a plea before proceeding to the trial and sentencing phase.

Pre-Trial Release or Detention

After formal felony charges are filed, the judge decides whether to release defendants pending trial, or to order them detained without bail. Those released may have conditions like probation monitoring, GPS tracking, or geographic travel limits imposed while their case proceeds to trial over the next months or longer.

Defendants who the court deems a “flight risk” or a danger to the community may be denied bail and held in detention awaiting trial and the final disposition of their case. These individuals have little to no freedom to travel until and unless they post bail or are found not guilty in court.

Domestic Travel on Pretrial Release

Those fortunate enough to be released pending trial following a felony charge may wonder if they can travel freely throughout their home country. The pretrial services agency monitoring defendants out on bail implements policies surrounding domestic travel restrictions. Defendants must typically submit travel requests in advance for trips involving overnight stays or destinations more than 100 miles away from the supervising pretrial services office.

Pretrial services weighs various factors in evaluating travel requests against the flight and community danger risks. These considerations include but are not limited to:

• Criminal charges and potential penalties
• Defendant’s family, employment, and community ties
• Any prior failure to appear in court
• Previous supervision compliance and risk levels
• Nature of the requested travel including location, duration etc.

The court and pretrial services want to mitigate public safety risks while also allowing defendants to maintain jobs and family responsibilities within reason. Requests to take kids on vacation out-of-state or travel internationally raise greater concerns than in-state business trips or funeral attendance for example. The more information supplied upfront to justify travel benefits versus risks improves chances for approval.

International Travel

Gaining court permission for international travel while pending felony charges becomes even more difficult. Many countries have extradition treaties with the United States obligating them to send fleeing defendants back to face charges. However judges rightfully worry the additional borders crossed make monitoring compliance and capturing fugitives more complex. Courts must balance public safety priorities with making trial attendance feasible for released defendants.

Pretrial services agencies rarely permit overseas trips for defendants facing felony indictments pre-trial. They make exceptions occasionally for business travel critical to companies or allowing immigrants one last chance to visit terminally ill relatives abroad. Even in such sympathetic circumstances, getting sign off typically requires surrendering passports and providing substantial trip details surrounding purpose, itinerary, contacts overseas etc. Candidates must also demonstrate longestablished employment paying substantial income taxes and roots binding them to the community.

Alternatives to Travel

Given the barriers to free movement pre-trial, finding alternatives to travel helps ease the sting. Connecting with remote friends and family via video calls replaces in-person visits. Digital diversions like online gaming, e-books, and streaming entertainment curb boredom. Flexible remote work arrangements allow maintaining a paycheck withoutExtended out-of-town business trips. Counseling, support groups, religious services and other community resources provide guidance through this challenging period. Pretrial services wants to see defendants laying low, employed and avoiding further legal trouble- not seeking special travel privileges.

Check-In Protocol

All defendants out on bail check in regularly with their pretrial case officer. This includes both scheduled and random drug testing plus accounting for compliance with restrictions like curfews or no contact orders. The more restrictive, monitoring and random check-ins pretrial services imposes, the less likely they approve non-essential travel complicating that oversight.

Example Travel Request Review Factors Table

Factor	Description	Increases/Decreases Travel Approval Likelihood
Criminal Charges	More serious violent charges or history of failure to appear decrease likelihood	Decreases
Sentencing Exposure	Long potential prison sentence if convicted increases flight risk perception	Decreases
Bail Amount & Bond	High bail or bond surrendered if flee show “skin in game”	Increases
Community Ties	Steady employment, paying taxes, supporting family, length of residence	Increases
Supervision Compliance	Random testing, check-ins, counseling attendance build trust	Increases
Trip Purpose & Duration	Fun vs. family emergency, 2 days vs 2 weeks	Variable
Destination Method & Detail	Driving vs flying, address where staying, return ticket	Variable

Posting Bail

Those who pay their full cash bail amount regain freedom to travel pending trial similar to pretrial release terms. However bonding companies insuring bail seek collateral and impose oversight like ankle monitors to prevent flight before court resolutions. While out on bond defendants can likely take domestic trips with sufficient transparency on destination, purpose and timely return.

But bonded defendants still need permission for international journeys given extradition complexities. Bonding agents want to guarantee those they secured bail for appear in court- not become fugitives requiring expensive recovery overseas. Requiring passports remain surrendered for the full case duration, bondsmen deflate most globetrotting aspirations.

Immigration Impacts

Foreign nationals and U.S. citizens alike ponder immigration fallout from felony charges. Any drug conviction and many other felony offenses count as “crimes involving moral turpitude”- grounds for deportation regardless of immigration status. Even while charges actively pend, the mere arrest flags immigrants as risks for denial of entry, visas, green cards or citizenship applications. Those legally residing in America can suddenly face detention, deportation and multi-year exclusion bans from the country where family members live if convicted.

For non-citizens response protocols surround avoiding self-incrimination until professional legal advice guides engaging authorities. In some instances voluntarily departing abroad then properly applying to re-enter strengthens immigration cases rather than remaining present subject to enforcement action. Non-citizen defendants require weighing options carefully regarding the intersection of criminal justice and immigration outcomes.

Detention Impacts

The unfortunate minority of defendants judged too dangerous or prone to flee get incarcerated pre-trial without bail. Detainees no longer possess freedoms to travel beyond the jail walls until and unless court verdicts set them free. Inmates can forget about taking vacations until serving full sentences. Travel involves transport between detention centers and court appearances shackled together with other prisoners in windowless buses or vans. The caged existence of life behind bars allows little room to wander. Phone calls and limited visits under close observation by guards and cameras provide temporally connections to the outside world. With travel off the table, diversionary reading materials, exercise, making positive daily routines and keeping attitudes optimistic helps time pass smoother while maintaining innocence.

FAQs: Travel with Pending Felony Cases

Can I take a road trip within the same state if facing felony charges pretrial?

Most likely yes with advance permission, especially for important travel reasons like medical appointments or employment. But expect restrictions on visiting certain high flight risk border areas.

What steps do I need to take to request domestic travel clearance?

Submit the standard travel request form to pretrial services ideally 30 days prior to departure with complete trip plans and justification for approval. Provide lodging addresses, contact info at destination, and transportation method details. Call pretrial officer with questions.

Can I travel internationally if required for my job though indicted on felony tax fraud charges?

Highly doubtful without extensive security assurances including surrendering any passport. As an alternative see if virtual meeting attendance resolves the business necessity. Focus energy on building the best case before trial.

My mother overseas is dying but I’m released on bail pretrial after a felony assault arrest. Can I go visit one last time?

Maybe, if willing to wear a GPS monitoring ankle device the entire international trip and provide extensive details surrounding exact locations, contacts abroad, and return travel plans. Be prepared to give up passport except when needing it to board flights. You must convince the judge permitting this one-time overseas family emergency travel despite the flight risk won’t jeopardize public safety. Highlight previously perfect compliance with all supervision terms. Offer additional reassurances like posting more money or property for bail. Pretrial may insist a family member travel here instead for visits.

I need to attend a close friend’s wedding in Canada but have pending gun charges. Can I get clearance?

Attending a wedding abroad rates low on essential travel priorities when facing felony offenses pretrial release. Gun crimes particularly concern courts in terms of community dangers. You’ll face an uphill battle getting permission without an ankle monitor and other strict precautions guarding against flight across borders. Research whether virtual attendance options facilitate remotely witnessing or participating in some wedding activities. Focus efforts on resolving the charges favorably at trial.

If I’m detained pretrial can I take a furlough for a relative’s funeral service?

Probably not given security transports for inmate furloughs require substantial personnel demands on limited correctional resources. However, showcasing perfect discipline maintaining detention center rules boosts general credibility. Then through your attorney petition the court documenting close family ties, charges details, and prior compliance. Judges rarely permit such temporary release but focus on further proceedings moving the case toward resolution either by plea deal or trial. Staff can arrange adding funeral service viewing access or extra visitation upon request.

Conclusion

The answer to “Can I travel with pending felony charges?” hinges foremost on pretrial release versus detention status. Those fortunate to get bail or bond terms allowing community living pending trial may take domestic trips and remote employment with court permission. But international journeys require extensive monitoring and security assurances against flight risks. For non-citizens extra judicial complexities interweave criminal charges with immigration consequences. Detained defendants can forget taking trips of any kind until and unless trials exonerate or sentences get fully served. While facing felony indictments free movement depends profoundly on compliance building trust plus avoiding risks and further legal troubles. Patience and reliance on quality legal counsel helps navigate this difficult period smoothly until reaching just case closure.

External Link Resources:

Pretrial Release and Detention: https://www.nacdl.org/Content/PretrialReleaseAndDetention

International Travel While Charges Pending: https://www.wklaw.com/international-travel-while-charges-are-pending/

Felony Charges and Immigration Laws: https://www.legalmatch.com/law-library/article/felony-charges-and-immigration-laws.html