Can You Travel While on Federal Pre-Trial Supervision?

 

Can You Travel While on Federal Pre-Trial Supervision?

Being placed on federal pre-trial supervision can feel real restrictive. It’s normal to feel frustrated about having your freedom limited. One common question folks have is whether they can travel while on supervision. The short answer is maybe. It depends on your specific situation.

Pre-trial supervision, also called pretrial release, happens after you get arrested but before your trial. The court puts conditions on your release from jail that restrict your freedom. The goal is to make sure you show up for court dates until the case gets resolved. One of the common rules is that you can’t leave the area without permission from pretrial services.

What is Federal Pretrial Supervision?

After an arrest, a judge decides whether to let you out of jail while your case moves forward. If so, they may put you on pretrial supervision, which means you have to follow rules like:

• Stay in the area and get permission to leave
• Keep attending school or work
• Stay away from victims, witnesses and co-defendants
• Not use alcohol or illegal drugs
• Follow a curfew
• Not have a gun
• Regularly report to a pretrial officer

Pretrial supervision means you aren’t behind bars, but you aren’t totally free either. It’s a kind of halfway point between jail and just being released. The court puts limits on what you can do until your case finishes. If you break the rules, they can revoke your release and put you back in jail.

Can You Ask to Travel While on Pretrial Supervision?

Many people want to know if its possible to get permission to travel out of the area for things like:

• Family trips
• Funerals
• Medical treatment
• Work
• School
• Religious events
• Vacations

The answer is you can ask, but it isn’t guaranteed. Your pretrial officer has authority to approve or deny travel requests on a case-by-case basis. There are a few factors they consider:

Your Flight Risk

A big factor is whether you seem likely to flee and not come back for court. Defendants with strong community ties and a stable job may get approved more easily. Those with minimal ties or a history of missing court often get denied.

Distance and Length of Trip

Shorter trips close to home are more likely to get approved than long trips far away. A weekend trip to a nearby city is less risky than a month in another country.

Purpose of the Trip

Travel for medical care, family emergencies and work may be approved more readily than vacations. But even fun trips can sometimes get approved if other factors look good.

Your Compliance So Far

Those who follow all the rules may get more leeway for travel. But frequent rule breakers probably won’t get permission.

Input From Prosecutors

The pretrial officer may check with prosecutors to get their opinion on travel requests. If prosecutors object, approval is unlikely.

What Happens if You Travel Without Permission?

It’s risky to just take off traveling without getting the okay. Pretrial officers make unannounced home visits and call your references. If you aren’t where you’re supposed to be, a warrant can be issued for your arrest.

Traveling without permission shows you aren’t taking the rules seriously. It makes you look like a flight risk. You could land back in jail until the trial. At a minimum, expect much closer supervision if you get caught.

Tips for Getting Travel Approved

If you need to travel, follow these tips to boost the odds of getting approved:

• Ask well in advance, not last minute
• Explain exactly where, when and why you are going
• Provide a detailed itinerary
• Give contact info for people at your destination
• Follow all other rules diligently
• Stay in close touch while away

Keep requests reasonable based on your circumstances. Be cooperative, patient and respectful if they say no. You can always ask again later if things change.

Every Case is Different

There aren’t hard and fast rules about travel on pretrial release. It’s very situational and each request gets decided individually. Don’t assume permission is guaranteed or impossible.

The best approach is to be open and upfront. Explain why the travel is needed and provide a detailed plan. With a little luck and responsible behavior, the officer may give a green light.

Restrictions on freedom are part of federal pretrial supervision. But occasional travel isn’t necessarily out of the question if you make a compelling case. Be prepared to accept “no” gracefully though, because travel is always at the officer’s discretion.

Relevant Laws and Legal Precedents

A few key laws and court rulings relate to pretrial release and supervision:

• Bail Reform Act of 1966 – Established a presumption of pretrial release except in capital cases. Required courts to consider factors like flight risk and danger to the community when setting release conditions. Limited restrictions on liberty to the least restrictive conditions needed to ensure appearance in court and community safety.
• Bail Reform Act of 1984 – Expanded courts’ authority to detain defendants pretrial based on dangerousness grounds. Allowed more pretrial conditions like electronic monitoring, curfews and travel restrictions. Set forth specific factors judges must consider in pretrial release decisions.
• U.S. v. Salerno – 1987 Supreme Court case upholding preventive pretrial detention on dangerousness grounds as constitutional, but emphasizing detention should be the “carefully limited exception.”
• U.S. v. Xulam – 84 F.3d 441 (D.C. Cir. 1996) – Appeals court ruled pretrial officers have broad discretion to impose travel restrictions, and courts should generally defer to their judgment.

The key theme is that while courts can limit pretrial freedom through conditions like travel restrictions, the limitations must be reasonably related to ensuring appearance in court and public safety.

Possible Defenses to Pretrial Release Violations

If you violate conditions like unauthorized travel, possible defenses to avoid pretrial detention include:

• Lack of Knowledge – You didn’t know about the restriction or misunderstood it.
• No Willful Violation – Circumstances beyond your control led to the violation.
• Technical Violation – You violated a minor condition without endangering the community.
• Compliance with Other Conditions – You have diligently followed all other release conditions.
• Cured Violation – You fixed the issue as soon as it was discovered.

While not guaranteed to work, defenses like these might persuade the court to give you another chance to remain released pretrial instead of revoking your supervision.

Conclusion

Travel during federal pretrial supervision is possible but not guaranteed. The best approach is to be cooperative, reasonable and responsible. Carefully follow all other release rules. If travel is truly necessary, discuss it openly with your pretrial officer. They may work with you to reach a solution, especially if you show yourself to be trustworthy.