Monday, December 8, 2014

Can you travel while you have a pending criminal case? What should you do before leaving the Court's jurisdiction? / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Can you travel if you was indicted?  My trial was continued and they gave no specific date when it was continued to I want to know can I travel because I want to go see my family for Christmas. Im not fleeing I will be back I just dont want to get in trouble.


Michael Adam Haber


Contributor Level 20
Answered If you are out on bond then you are almost certainly restricted to the jurisdiction of the court, leaving you free to come and go only inside of the immediate area surrounding the court.

If you wish to travel outside of the area, and if you wish to do so lawfully and properly, then you (actually, your lawyer) should file a formal motion for permission ("leave") to travel with the court, with notice to both your your bond agent and the State.

If you do this formally, providing your proposed travel itinerary (i.e. travel dates, mode of travel, with whom you are traveling, where you will be staying, the purpose of the trip and means to contact you) then, unless you present some serious flight risk, or unless your bondsman has a problem with your proposed travel, then I cannot fathom a Judge not permitting you go to see and spend some time with your family, most especially during the Christmas season (note though that the Judge is free to say "no").

If you go without permission and get caught (which can happen in any of a number of ways) then your bond can be revoked, so I do not recommend rolling those dice.

Do it right - better yet have your lawyer do it right - and enjoy a happy, healthy and free holiday season with your fam.

I hope that I have been helpful in answering your question.
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Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

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