Can You Leave the State with a Pending Felony Charge?
Before you go any further, just know that the answer is “maybe”. That’s because no two felony cases are alike. For some cases, you will be supervised on bond, while in other cases, you may not be. If you are a criminal defendant contemplating leaving the state (or even the county in some cases) with pending felony charges, you should consult your attorney if you have one. Your attorney can:
Tell you if you are free to travel, and
In some cases, get a Judge’s Order allowing travel even if it is currently against your bond conditions.
If you don’t have an attorney, well, maybe it’s a good time to contact ATX Legal for a consultation. The rest of this post will focus on the factors that determine whether or not you are allowed to travel out of state.
Understanding Pending Felony Charges and Bond Conditions
A pending felony offense is a serious accusation that can result in significant penalties, including imprisonment and a permanent criminal record. While the case is pending, you can sometimes remain out on bond. However, bond can sometimes come with strings attached, called bond conditions. These bond conditions can be almost anything as long as they are designed to maintain the safety of the community and/or ensure that the defendant returns to court.
Felony charges can be filed in state or federal court, depending on the nature of the offense. If you have charges pending, it is essential to understand the charges against you and the potential consequences. A felony charge can be reduced to a misdemeanor or dismissed, but this is not always the case.
Court Proceedings and Travel Restrictions
If you have pending felony charges, you may be required to appear in court for various court hearings, including arraignment, pre-trial hearings, and trial. The court may impose travel restrictions on you, requiring you to remain within the jurisdiction where the case is pending. You may need to obtain permission from the court to travel out of state, even for a short period. Failure to comply with criminal proceedings and travel restrictions can result in a bench warrant being issued for your arrest.
Bail and Pre-trial Release
Criminal defendants who are arrested and charged with a felony may be eligible for bail pending trial. The amount of bail is typically set by the court, and you may need to pay a bail bondsman to secure your release, or if you have the money, you can post bail with cash. If you are released on bail, you will be required to appear in court for all scheduled proceedings. Failure to appear in court can result in the forfeiture of your bail money and the issuance of an arrest warrant.
Immigration Status and Pending Criminal Charges
If you are not a U.S. citizen, charges pending can have significant implications for your immigration status. A felony conviction can result in deportation, even if you have been a lawful permanent resident for many years. If you are facing criminal charges, it is essential to consult with an immigration attorney to understand the potential consequences.
Traveling with Pending Criminal Charges
If you face criminal charges, you may be restricted from traveling out of state or internationally. You may need to obtain permission from the court to travel, and you will be required to comply with any conditions set by the court, including adhering to the specific criminal laws of the jurisdiction you are in. For some serious crimes, you will not be able to secure permission from the court.
Failure to comply with travel restrictions can result in a bench warrant being issued for your arrest. If you are arrested out of state, you may be subject to extradition back to the state where the charges are pending.
Extradition and Out-of-State Warrants
If you have an out-of-state warrant, you can be arrested for an out of state arrest and extradited back to the state where the charges are pending. Extradition is a formal process that requires the state where you are arrested to transfer you to the state where the charges are pending. You have the right to a hearing before being extradited, and you may be able to challenge the extradition process.
Consequences of Non-Compliance
Failure to comply with court proceedings, travel restrictions, and bail conditions can result in significant consequences, including:
A bench warrant being issued for your arrest
Forfeiture of your bail money
Additional charges being filed against you
A longer prison sentence if you are convicted
Obtaining Expert Legal Guidance
If you are facing felony charges, it is essential to consult with an experienced criminal defense attorney to discuss potential legal consequences. A skilled attorney can help you understand the charges against you, the potential consequences, and the best course of action. Your attorney can also help you navigate the court proceedings and ensure that your rights are protected. ATX Legal handles felonies in Travis, Williamson and Hays counties.
Next Steps
If you are facing criminal charges, it is essential to take immediate action to protect your rights. Contact an experienced criminal defense attorney to schedule a consultation and discuss your case. Be prepared to provide your attorney with all relevant information, including the charges against you, your court date, and any bail conditions.