Introduction
Imagine you’re facing criminal charges but urgently need to travel out of state—perhaps for a family emergency or an important business meeting. Can you leave the state? This blog post delves into the legal restrictions, potential consequences, and necessary steps you must consider if you find yourself in this precarious situation. Read on to gain clarity regarding what a person can and cannot do when it comes to traveling while facing criminal charges.
History of Travel Restrictions for Criminal Defendants
Despite the presumption of innocence, defendants may face strict travel restrictions before a verdict is reached. These measures are designed to ensure that individuals are available for trial and do not pose a flight risk. Over time, the courts have enforced varying levels of restrictions, from county to state-level constraints, including the most severe form—detention pending trial—to ensure compliance.
High-Profile Example: Donald Trump’s Trial
Even high-profile individuals are not exempt from these rules. For instance, Donald Trump, who at the time of writing is in the middle of a criminal hush money trial in New York, must attend court sessions in person despite his significant political commitments.
Potential Consequences for Violating Travel Restrictions
Suppose a seemingly valid reason to leave the jurisdiction arises—say, your mother is hospitalized—and you think, “Court orders be damned, I am going to be by my mother’s side in her time of need.” What are the risks? Violating travel restrictions can result in severe repercussions, such as arrest or harsher penalties. Judges enforce their orders to maintain the integrity of the legal process, and their responses can vary based on the nature of the violation and the judge’s disposition.
What to Do in Case of an Emergency
If an emergency requires you to travel out of state, the first step is to contact your attorney. They can help you file a motion with the court, seeking temporary permission to leave the state without jeopardizing your case.
What Counts as an Emergency
Legally, emergencies may include severe health crises, the death of a family member, or critical business obligations that cannot be postponed or handled by others. Your niece’s quinceañera or bat mitzvah may not count, depending on your case and how soon you alert the court about it.
Differences Between Felony and Misdemeanor Cases
In felony cases, defendants are generally required to appear in person for most, if not all, court proceedings. It is possible to have a defendant’s presence waived at a hearing, but the court will expect assurances that the defendant is in good contact with their attorney and some kind of explanation for why they were unable to make it to court. This is for things such as a flat tire, a last-minute medical emergency (thanks to COVID-19, this has become more easily accepted), child-care falling through, etc.
With misdemeanors, is it much easier to waive the defendant’s presence as long as they are maintaining good contact with their attorney. One of the benefits of hiring an attorney in misdemeanors is being able to have someone best qualified to handle court appearances and deadlines do so, while you can focus on the things you are best qualified to handle, your job and family. For more on the considerations to make in deciding whether or not to hire an attorney, check out this article, and this article.
Importance of Communication with the Court
It is crucial to not just go about your affairs and expect the court to defer to your plans. If you take the “better to ask for forgiveness than for permission” approach, you risk not only the real chance that you will not get the forgiveness of the court, but may experience the court’s ire through modification of your conditions of release (i.e., jail time). It is better to seek permission from the court. Even if the court does not give it, you will be able to point out to the court that you did what you could to comply. If you are not sure about intended travel plans, talk it out with your lawyer. Their job is to help you get through the process in the best way possible.
Conclusion
Facing criminal charges is a challenging experience, particularly when unexpected travel needs arise. Understanding your legal obligations and rights is crucial. For personalized advice tailored to your specific situation, contact me to schedule a consultation. Let me help you navigate your legal journey with confidence and clarity.
