Facing felony charges is a serious matter, regardless of the state you’re in. A common concern for those facing such charges is whether they can travel, particularly out of state. This article explores the legal implications and restrictions surrounding interstate travel when you have pending felony charges.
Legal Implications of Leaving the State With a Pending Felony
Legal implication of leaving the state
The ability to leave the state with a pending felony charge hinges on several factors. If you committed a felony while visiting another state and have since returned home, you might not immediately be aware of the charges. However, once you are notified, strict adherence to court orders is essential.
Leaving the state without express permission from the court overseeing your case can have severe consequences. Your bail conditions also play a significant role in determining your travel privileges. While courts might permit travel for defendants with pending misdemeanors, the situation is different for felony offenses. This holds true even if you face both misdemeanor and felony charges simultaneously.
Attempting to cross state lines to evade court appearances on felony charges carries significant risks. Penalties vary depending on the state and the specific felony, but a judge can issue a bench warrant for your arrest and potentially order your extradition to face the charges.
Understanding Felony Charges
Felonies are serious crimes that can lead to lengthy prison sentences, potentially even life imprisonment. A felony conviction can also significantly impact future employment opportunities and other aspects of your life.
Even if you’re unaware of an ongoing investigation, you might be indicted on felony charges. This is especially true for out-of-state defendants who have returned to their home state after allegedly committing a felony.
Courts often impose travel restrictions on defendants charged with felonies, regardless of any accompanying misdemeanor charges that might otherwise allow travel.
Experienced criminal defense attorneys can explain the nature of the felony charges and the specific rules regarding interstate travel.
Common Types of Felony Charges and Travel Restrictions
While travel restrictions can be imposed for any pending felony, some common types of felony offenses often result in stricter limitations. Violating a court order restricting travel can lead to arrest.
Drug Crimes
Drug crimes
Drug crimes like drug trafficking are serious offenses with substantial penalties, including hefty fines and lengthy prison sentences. Related charges, such as money laundering, drug possession, manufacturing, and distribution, often accompany drug trafficking charges. If you are facing felony drug charges, the court is unlikely to permit you to leave the state.
Theft
Theft isn’t always a minor offense. States vary in their laws regarding felony theft, often determined by the value of the stolen property.
For example, in Ohio, theft of property valued between $1,000 and $7,500 is considered a felony. California defines felony grand theft as stealing money, labor, or property exceeding $950. Examples include shoplifting an item priced at $1,000, stealing valuables over $950 during a burglary, or stealing a vehicle or firearm.
A felony theft conviction can negatively impact your employment prospects, housing opportunities, and other areas of your life.
Sex Crimes
Sex crimes
Sex crimes are serious offenses that can prevent the accused from leaving the state, even to live with family elsewhere. An arrest for certain sex crimes might lead the court to order the defendant to remain in the state pending trial, regardless of whether they post bail.
Examples of felony sex crimes include child pornography, forcible rape, sexual acts with a minor, and sexual assault.
Violent Crimes
Any crime involving violence can be considered a violent crime with significant penalties. Judges often order defendants to remain in the state where the alleged violent crime occurred until the trial concludes.
Examples of felony violent crimes include murder, rape, aggravated assault, and armed robbery. A conviction for a violent crime can result in many years of imprisonment. States generally do not allow those facing felony violent crime charges to leave the state to avoid prosecution.
Bail, Pre-Trial Release, and Immigration Status
Bail and pre trial release
Judges may consider pre-trial release after bail is posted, depending on various factors. The court will likely assess whether you reside in the state, your potential flight risk (especially with a prior felony record), and the severity of the current felony charges. If you cannot post bail or bail is denied, you will likely remain in custody until your next court date.
Your immigration status can significantly influence the court’s decision regarding release and travel. Prosecutors may oppose your release or ability to travel if you’re not a legal U.S. citizen or are considered a flight risk. Consulting a local attorney is crucial to understand the implications of the charges on your immigration status.
Rules for Traveling With Pending Criminal Charges
Rules for traveling with pending criminal charges
Understanding what you can and cannot do while facing pending criminal charges is essential. While travel might be permitted with pending misdemeanor charges, some restrictions may apply, particularly if you have a prior criminal record or face felony charges alongside the misdemeanor.
If facing felony charges, you are unlikely to be allowed to travel outside the state, even if you live elsewhere. If you are on parole, adhering to parole conditions is essential, regardless of any travel permissions related to misdemeanor charges. In California, parolees typically need permission from their parole officer to travel more than 50 miles from their home and require a travel pass for out-of-state travel.
Consequences of Violating Travel Restrictions
Violating travel restrictions while facing pending felony charges is a serious offense. Failure to appear for criminal proceedings due to leaving the state can result in a bench warrant for your arrest. The judge will likely take further action against you, potentially leading to deportation back to the state where you face charges and being held for trial. Sex offenders who fail to register and flee the state, and those who commit other specific crimes, might face new charges for violating travel restrictions.
Seeking Legal Counsel
Facing felony charges can be overwhelming. Consulting an experienced and compassionate criminal defense attorney is critical to understanding the charges and developing a solid defense strategy. They can advise you on your rights, travel restrictions, and the best course of action for your specific situation.
