Posting bail following an arrest in California is the fastest and most effective way to secure your release from custody. Whether you do this via a cash bail or a bondsman, you will have several questions to ask. For many people, the most important is: Can you leave the country when on bail?
You may want to travel outside of California for personal or professional reasons. Either way, this guide to leaving the county while on bail will provide the clarity you need,
Understanding Travel Restrictions while Out on Bail
When you post bail in the State of California, it’s not only necessary to pay the appropriate fee needed to secure your release. The bail process is also an agreement in which you must satisfy several other bail conditions. Some of the most common include attending court hearings, avoiding contact with witnesses, attending therapy, and not committing any other crimes.
Travel restrictions are also commonly placed on defendants who are on bail. Restrictions may involve;
- A complete ban that prevents you from traveling outside of California.
- Restricted access to pre-defined cities, which may be named due to family or business commitments.
- Travel restrictions that allow the defendant to move around America, but not internationally.
It should be noted, however, that travel does not make a defendant exempt from their court hearings. Likewise, courts are very unlikely to move hearings to accommodate travel plans. If traveling causes you to violate the terms of bail, a warrant for re-arrest will be issued.
Travel restrictions are most commonly placed on a defendant because the courts worry that they could be a flight risk and may try to avoid re-arrest. By stopping the individual from leaving California, the situation can be avoided while law enforcers and bail co-signers should find it easier to track the defendant’s steps.
Can You Travel Out of State on Bail?
As well as asking “Can you leave the state if you are out on bail?”, you should consider whether this would actually be needed. In many cases, it is not necessary. Frankly, staying within the state limits of California will make it easier to satisfy your bail conditions. Given that you are entitled to a speedy trial within 45 days of arraignment for misdemeanors or 60 days for felonies, it should be relatively easy to remain in the Golden State.
Still, you may want to travel out of California for one of several reasons. Thanks to Senate Bill No. 10, many defendants are allowed to travel outside of California in the following situations;
- To receive medical treatments from a specialist outside of the Golden State.
- For key business matters like meetings with clients or partners.
- To attend a funeral or visit a relative in hospital or palliative care.
If you have a bail agreement that has no travel restrictions, you will be free to leave California for any of the above issues. Meanwhile, a restricted travel agreement will still allow you to complete the above assignments as long as the destination is on your permitted list. Of course, any travel plans must avoid connecting flights in cities that fall outside of the permitted locations.
In short, you are allowed to travel out of state on bail but only if the courts allow it. Every bail agreement is unique, which is why it’s vital that you understand the circumstances surrounding yours. Understanding the terms of bail when signing the agreement should help you avoid any problems.
Leaving the Country on Bail: What You Need to Know
Leaving the State of California on bail is one thing, but international travel is another. Firstly, it should be noted that it doesn’t matter whether you are out on cash bail or a bail bond. The travel restrictions imposed as a part of the bail conditions won’t be directly influenced by the source of funds. However, cosigners may separately stipulate that they do not want the defendant to leave California.
Any defendant wanting to leave the State of California for internal or international travel must use the following checklist for guidance;
- Confirm that the terms of bail allow you to leave California and visit the intended destination.
- Or make a formal request in relevant cases, such as the death of a relative.
- Confirm that the travel plans won’t cause you to miss court hearings or violate other bail conditions.
- Only travel if necessary and avoid any travel plans linked to vacations.
- Tell the courts of your travel plans, even if you have no travel restrictions placed on your bail agreements.
It is particularly important to do this when traveling overseas. In addition to the bail agreement, you must also consider whether the legal issues could impact your ability to enter the county you intend to visit.
Leaving California on Bail with a Bond
Posting bail via a bondsman doesn’t impact the travel limitations of your bail agreement. However, you should still inform the bail bondsman about your travel plans as they are currently responsible for your court appearances and the finances used to secure your freedom.
If a local bail bondsman fears that you have gone AWOL, they will feel the need to inform the courts that they wish to surrender the bond. In this instance, a warrant for re-arrest will be issued, even if your travel plans were for legitimate reasons. Meanwhile, any costs encountered due to calling private investigators or locating your whereabouts are added to your bill.
It also makes sense to inform cosigners/indemnitors too, as they could also surrender the bond if worried that you have gone AWOL.
Therefore, it’s important to call the bondsman before you travel. It allows them to check that you are free to do this, inform the courts that you can be contacted, and look into any related issues. Above all else, it creates a level of professionalism and transparency that enables you to travel with confidence.
If travel outside of California is something that you may need to do whilst on bail, working with a licensed bondsman who understands your situation is vital. Here at Balboa Bonds, we’ve helped hundreds of clients in similar circumstances. To arrange your bail bond and secure your freedom from custody, get in touch now.
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