Can I leave Arizona while my criminal case is pending?

Sometimes, but only with permission. When you’re released on bond, on your own recognizance, or under supervised release, you are still under the court’s control. In many Arizona cases you are not allowed to leave the state without written approval from the judge, even if your paperwork doesn’t spell it out word-for-word. Leaving without that approval can be treated as a violation of your release conditions.

What happens if I travel out of state without court approval?

Leaving Arizona without permission while your case is pending can lead to a warrant, revocation of your release, stricter conditions such as electronic monitoring or more frequent check-ins, and being taken back into custody. It can also hurt you later, for example at sentencing, because the judge and prosecutor may see it as proof that you are not taking court orders seriously.

How do I get permission to travel while my case is pending in Arizona?

Your attorney must file a motion asking the judge to modify your release conditions to allow travel. That motion should explain where you are going, why you need to travel, the exact dates of departure and return, and attach proof such as a work letter, medical documentation, funeral notice, or itinerary. Sometimes judges approve travel on the written motion; other times they set a hearing. You should not leave Arizona until there is a signed court order and, if you are supervised, your pretrial officer is also on board.

Does it matter if my charge is just a misdemeanor?

Yes. Even on misdemeanors the court still expects you to follow release conditions and to appear at every hearing. If travel causes you to miss court, a warrant can issue regardless of how minor the charge is. Some misdemeanor cases may not include an explicit no-travel condition, but you should still assume you need court approval before going out of state and always discuss it with your lawyer first.

Is verbal permission from my lawyer or pretrial services enough to travel?

No. Verbal permission from your lawyer, pretrial services, or even a friendly comment from a courtroom clerk is not legally sufficient. The safest and proper way is a written court order signed by the judge modifying your conditions of release. Without that order, you risk being accused of violating your bond, even if you believed you had informal approval.

Why are Arizona courts so strict about travel while on release?

Courts are mainly concerned with two things: whether you will show up for court and whether you will remain law-abiding while your case is pending. When you are out of state, the judge has less control over your whereabouts and fewer tools to ensure you return if something goes wrong. For more serious or multiple charges, or if you have any history of missing court, judges tend to be especially cautious about approving travel.

Can I Leave Arizona While My Case Is Pending?

You’ve just been released on bond, and life outside the courtroom is still moving. Maybe you’ve got a wedding in California, a work conference you booked months ago, or even a much-needed getaway.

But with a criminal case pending in Arizona, can you legally travel?

This isn’t a small detail. If you get this wrong, you could risk your freedom, your bond, and your ability to stay out of custody while your case is pending. Let’s walk through what the law says, how courts handle travel, and what steps you need to take to avoid trouble.

The Basics: Release Conditions and Travel

When you’re released from jail in Arizona—whether on bond, your own recognizance, or supervised release—you’re technically still in the court’s custody. You’re free, but conditionally.

One of the most common conditions? You can’t leave Arizona without the court’s permission.

Sometimes your release paperwork will spell this out: “Defendant shall not leave the state of Arizona without written court approval.” But even if your paperwork doesn’t say it, judges often expect you to stay in-state.

Under A.R.S. § 13-3967, judges can impose any condition they believe necessary to make sure you show up for court and don’t commit more crimes. And one of the first things they control is your location.

If you leave without approval—even for a quick weekend trip—it can be treated as a violation. That could mean a warrant for your arrest, revocation of your release, or being taken back into custody.

Why the Court Cares

To many people, a weekend trip to Vegas seems harmless. But for the court, it’s about two things: flight risk and control.

The court must ensure you attend every hearing. If you’re out of state and something happens—a missed flight, a medical emergency, a simple mix-up—they can’t guarantee you’ll be back.

For serious cases like felonies, multiple charges, or prior failures to appear, judges are even stricter.

And here’s another factor: even an accidental violation of bond conditions can come back at sentencing. If your case ends in a plea or conviction, that travel misstep might be used as evidence that you’re not trustworthy enough for probation.

A Client Story

I once represented a client facing a property-related felony. His release paperwork said nothing about travel.

When his brother got sick out of state, he left Arizona without telling anyone. He came back a few days later, assuming no harm was done.

But the prosecutor found out. The judge issued a violation notice, and suddenly we were fighting to keep him from being taken back into custody.

He was ultimately allowed to remain free, but under new restrictions: electronic monitoring, weekly check-ins, and tighter supervision. That short trip caused months of added stress—and made the judge far less flexible when we asked for anything later.

All because he didn’t check first.

How to Get Travel Approved

Here’s the good news: travel is possible while your case is pending—if you follow the right steps.

Your attorney must file a motion to modify your release conditions. That motion should include:

Where you’re going
Why you need to travel
Your departure and return dates
Proof the trip is legitimate (work letter, funeral notice, flight itinerary, etc.)

Sometimes judges approve travel on paper. Other times, they’ll require a hearing.

Either way, do not leave Arizona until you have written approval from the judge.

Verbal permission from your lawyer or even pretrial services is not enough. Without a signed order, you’re at risk.

Common Misunderstandings

“It’s only a misdemeanor, so I can leave, right?” Not necessarily. Even if travel isn’t restricted, you must attend every court date. Missing one because of a trip still gets you a warrant.
“It’s just a few hours into California or New Mexico.” Doesn’t matter. Out of state is out of state. The court’s authority stops at the Arizona border.
“Pretrial services said it was fine.” Unless the judge signs off, it’s not officially approved.

The Takeaway

So, can you leave Arizona while your case is pending?

Yes—sometimes—but only if the court signs off in writing and, if you’re supervised, your pretrial officer agrees.

Don’t assume. Don’t risk your release. One wrong move can put you back in custody or make your case harder to resolve.

Your rights matter. Protect them.