Traveling While Charged: Can You Leave Georgia With a Pending Criminal Case?
If you’ve been charged with a crime in Georgia, you may be wondering how it affects your ability to travel, whether for work, family, or other commitments. While facing a pending criminal case doesn’t automatically bar you from leaving the state, there are important limitations and consequences to consider. At The Spizman Firm in Atlanta, we often counsel clients who need guidance on how travel restrictions may impact their legal situation.
Are You Legally Allowed to Travel With Pending Charges?
Whether you can travel depends largely on the type of charge you’re facing and the bond conditions imposed by the court. After being arrested and released on bond, most defendants are required to follow certain restrictions until their case is resolved. One of the most common conditions is that you not leave the state without prior permission from the court or your pretrial supervision officer.
In some misdemeanor cases, judges may allow travel without restriction, especially if you have no prior criminal history. However, felony charges, DUI cases, or those involving domestic violence often come with stricter terms.
Violating Bond Conditions Can Lead to Serious Consequences
If you travel out of Georgia without proper authorization while your case is pending, you could be found in violation of your bond agreement. This could lead to:
- A warrant for your arrest
- Revocation of your bond, meaning you may be taken into custody until trial
- Additional charges for failure to appear if you miss a court date
- Loss of credibility with the court, which may affect sentencing if you’re convicted
It’s not enough to simply notify your bondsman or attorney. You need formal approval from the court or supervising agency to leave the state legally.
What If You Have a Work or Family Emergency?
Courts may consider reasonable requests for travel on a case-by-case basis. Common acceptable reasons include:
- Work-related travel that’s essential to your employment
- Family emergencies, such as illness or funerals
- Pre-planned trips, particularly if arranged before the charges were filed
In these cases, your attorney can file a motion with the court requesting permission. It helps if the request includes:
- The purpose of your travel
- Dates and destination
- Contact information and itinerary
- Assurance that you will return for court dates
What If You’re on Probation or Pretrial Diversion?
If you’re already in a diversion program or serving probation, additional restrictions may apply. You’ll likely need written permission from your probation officer, and in some cases, from the court itself. Failing to follow these rules could jeopardize your participation in the program or result in sanctions.
Talk to a Lawyer Before You Travel
Every case is different, and even well-intentioned travel could create legal trouble if not handled properly. Before making any travel plans with pending criminal charges, speak with our qualified Atlanta Criminal Defense Attorneys.
At The Spizman Firm, we help clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs, understand and protect their rights during every stage of a criminal case. Contact us today to discuss your case and any travel-related concerns.
Source:
ocp.georgiacourts.gov/wp-content/uploads/2024/03/Bond-Form.pdf
