Can You Travel With an Open Court Case
How a Felony or Misdemeanor Charge Impacts Citizens Who Travel
No one plans to exist charged with a misdemeanor or felony law-breaking. In my experience as a legal defender, many cases involve good people defenseless in a bad or unplanned circumstance. If you have never faced a legal charge before, the process is intimidating and complicated, and total of legal requirements that can significantly alter your life and livelihood, as y'all are waiting for your court date.
Depending on your occupation, travel restrictions can pose very difficult obstacles for individuals charged with a felony offense. Individuals who are long-haul truck drivers, or aeroplane hospitality stewards or stewardess, or people who piece of work in tourism may rely on the freedom to travel for their income and employment.
Almost every felony charge comes with Court mandated travel restrictions; which remain in effect until the trial date. Some cases may not be heard for a year or longer due to case excess in our Land Courts, and that means additional hardship for citizens who have restrictive conditions due to their pending misdemeanor or felony charge in Dallas.
We get a lot of questions about travel restrictions from the public, when a felony or misdemeanor charge is pending. We hope yous find this article to be a proficient resource guide that helps respond your questions, while helping you avert some of the common pitfalls and legal complications that tin can ascend due to travel restrictions.
Tin I Travel Outside the Country or Country with Pending Legal Charges?
When an private has been charged with a felony or misdemeanor, in that location tin be series legal implications if the accused decides to travel outside of the State of Texas, or the United states of america. Travel restrictions are important to empathise, because violating set limitations can actually complicate your legal case.
Misdemeanor charges can result in a criminal tape, fines and incarceration fourth dimension, but does non carry the same weight or strict requirements as a awaiting felony charge. If you have been charged with a misdemeanor, in most cases, there will not be whatever restrictions to travel. You are complimentary to get out the State of Texas and the country for a short or extended catamenia, provided that you appear for your court date or hearing. But you lot must appear for all scheduled courtroom and hearing dates, or you may exist held in antipathy and a warrant for your abort may exist issued.
Felony charges on the other hand, behave significant travel restrictions. Y'all volition in many cases, be required to remain within the boundaries of the jurisdiction of where you live, while the case is pending a court date. Nonetheless, let's presume that you lot were charged with a felony offense while visiting Dallas Texas, simply you reside elsewhere in the State (or in another State). How does that piece of work?
The court requires that you remain in the jurisdiction where you were charged. Nonetheless, that is not possible if the individual resides in another metropolis, or Land. In these cases, your Dallas criminal police Chaser can file a motion to leave the jurisdiction where y'all were charged. That allows defendants to return home and resume activities of normal life, while waiting for their pending courtroom date.
What matters well-nigh for individuals charged with a felony, is that they carefully review the travel restrictions outlined as office of their pending accuse, because the consequences of violating these court-ordered restrictions tin be severe. And breach of those restrictions can as well significantly complicate your legal defense.
How Do I Discover Out What My Travel Restrictions Are?
When you appear before the Judge for the reading of your felony accuse, the terms of bond are gear up at that time by the Magistrate. The specifics of your court restrictions on travel will be outlined in your bail order, which tin can be explained to you by your Bail Bondsman and also your criminal defense attorney, if y'all have retained one at the time your accuse occurred.
Your Guarantor or Bail Bondsman has a vested interest in making sure you understand the conditions of your bond. It is their chore to make certain that you lot announced for all pending court and hearing dates. Function of the conditions of both a misdemeanor or felony charge, is that the citizen stays in weekly contact with the bail bondsman, as a 'bank check' to brand certain the accused is still present and has not left the state. Should the accused fail to attend scheduled courtroom or hearing dates, the bond volition exist cleaved, and the bondsman volition exist responsible to the courtroom for the full cost of the bail. They have a vested fiscal involvement in watching over their bonds, to brand sure that does not happen.
In some felony cases, other restrictions may be imposed on the private that are complex. For instance, in the case of a violent crime, or a accuse of stalking or harassment, the travel restrictions may include a ban or restraining order that prohibits the accused from being in contact with the victim, their family unit, and/or a geographic restriction. For case, the defendant (until the charge is heard in Court and a verdict is delivered) may be prohibited from being within [10] amount of feet from the individual at all times.
It is critically important to fully sympathize all travel restrictions placed when a felony accuse is pending. Oftentimes, defendants 'forget' some of the conditions that take been set and violating those restrictions can result in immediate incarceration. For repeat travel or brake violations, the accused can fifty-fifty be remanded to custody (if they are considered a flight chance, or if they accept missed a scheduled court appearance) until their instance is heard past a Approximate, and a verdict has been decided.
Emergency Travel Outside of Jurisdiction with a Felony Accuse Pending
Good people find themselves in difficult situations, when navigating a felony charge. For instance, what happens if you take a parent or loved one that has an emergency health state of affairs out of country, or out of the state? Tin you lot travel to become come across your family in these types of emergency events?
Our criminal justice system is not without compassion, simply that does not hateful that the Court will empathize if you breach your travel restrictions, no matter how justifiable the reason is for your need to travel. In these types of situations, your criminal law Chaser tin file a petition to permit for Courtroom approved travel within a certain fourth dimension frame; meaning a total outline of when y'all volition exist leaving, when you lot will be back, and the reason why y'all need to travel outside of your jurisdiction with your felony charge awaiting.
Only considering a move or petition for special consideration and a temporary lift on travel restrictions is made, does not imply that the Court will always approve the asking. Many factors are considered including an evaluation of the defendant in terms of their flight risk. The request must too exist reviewed and approved by the bond bondman, who may likewise request an boosted bond if interstate or international travel is required.
What Can Happen if I Violate My Travel Restrictions?
If y'all are waiting for a court appearance for a pending felony charge, and you do non asking and receive permission to travel for a ready period from the Court (and notify your bail bondservant) the result tin be life altering. A violation of travel restrictions is a subsequent felony charge and carries a mandatory one-year of incarceration. When we are talking about complicating an already hard pending charge, violating your travel restrictions and any other terms fix forth by the Courtroom for your release, tin can significantly modify the success of your defense for your initial felony accuse.
It'south not worth the take a chance. And the complicated restrictions imposed on individuals charged with a felony criminal offense demonstrate how important it is to retain an experienced criminal constabulary Chaser, to aid guide you through the processes, and the legal requirements.
Not 'knowing' or understanding the full scope of your Courtroom imposed restrictions is non a defense or statement for defence, should you exist found in violation of your terms of release. Britt Redden is an experienced Dallas criminal law defender, who will help yous review all your conditions and aid you with compliance, while edifice an effective defense force strategy for your upcoming trial.
When the Cherry and Blue lights are lit, telephone call Britt!
Schedule your costless legal consultation.
Source: https://www.reddenlawtexas.com/how-a-felony-or-misdemeanor-charge-impacts-citizens-who-travel/
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