Is It True You Can't Leave The State If You Bail Out Of Jail?

A common misconception is that a person who is out on bail is prohibited from traveling anywhere until his or her case concludes. However, this isn't necessarily true. It may be possible for you to leave the state (and even the country) after you've been bailed out of jail. Here's more information about this issue.

Must Secure Permission

If you want to leave town while out on bail, you typically must get permission from the court, probation officer, and/or bail bondsman. Whether you get approved will depend on a number of factors including:

  • Why you need to leave town
  • How long you will gone for
  • Whether you have an attorney
  • The type of crime you're charged with
  • Your history of bail jumping

First and foremost, those involved in the decision will look at the type and severity of the crime you're charged with. In most cases, travel restrictions are only placed on people charged with felonies and capital crimes. Unless there is reason to believe defendants are going to flee, most jurisdictions don't put travel bans on people charged with misdemeanors and minor crimes.

The reason why you're leaving will also play a major factor. You're more likely to get approved if you're leaving town for an important reason, such as for school, medical treatment, employment, or a family emergency. If you want to leave to go to Disneyland, however, your request will probably get denied.

Lastly, your request will almost always be denied if you've jumped bail before. Even if the court overlooks this, the bail bondsman typically will not because it's their money on the line if you don't show up to court as required.

Getting Permission to Leave

If you have a travel restriction on your release, you will need to file a petition with the court requesting permission to go to another state or country. You can have your attorney file the paperwork for you. Sometimes, though, the bail bond company will do this if you call and let them know you need to travel.

Be aware, though, that if you don't get permission to leave or you fail to return as required, your bail may be forfeited and you could be thrown in jail. Therefore, be sure to contact all parties involved in the decision making and getting any approval in writing to avoid any confusion or misunderstandings.

For more information about this issue or help bailing yourself out of jail, contact a bail bond company, like Fausto's Bail Bonds.