Travel While On Federal Pre Trial

Travel While On Federal Pre-Trial Supervision

If you’re on federal pre-trial supervision, you may be wondering if you can travel while on supervision. Can you go out of the country? Can you get in trouble if you travel without telling your pre-trial officer? These are all great questions that you should know the answers to before booking any trips.

The short answer is, yes you can travel while on federal pre-trial supervision with the knowledge and permission of U.S. Probation and sometimes the court. But there are rules you need to follow.

Where You Can Travel

When you first appear before the magistrate judge at the start of your case, the court will give you conditions you have to follow while on pre-trial supervision. Usually, the court will limit your travel to certain areas – like the District of New Jersey or the Southern District of New York.

Generally, you’ll be allowed to travel to districts where you live, work, and where your lawyer’s office is. To go anywhere else while on pre-trial, you’ll need your pre-trial officer’s permission. This means filing a request with probation explaining when and where you want to travel and who you’ll be staying with. In some districts, you also need the court’s permission for out-of-district travel. Your lawyer can file a letter with the court asking for travel approval.

In rare cases, international travel for important reasons like a death in the family can be allowed. But this requires the prosecutor and pre-trial officer to agree.

Getting Permission to Travel

To get permission to travel on pre-trial supervision:

• File a request with U.S. Probation explaining your travel dates, location, who you’re staying with, and why you need to travel
• In some districts, your lawyer must also file a letter with the court requesting travel approval
• For international travel, you need approval from both the prosecutor and pre-trial officer
• Do this well in advance to give probation and the court time to review
• Follow any restrictions probation or the court puts on your travel

Consequences of Unauthorized Travel

It’s very possible that traveling without permission will affect your supervision. If the prosecutor finds out you left the country without approval, they may ask the court to change your conditions to prohibit travel. Or they could even ask the court to revoke your bail and put you in jail until your case is over.

Bottom line – do not travel anywhere outside of where you’re allowed without getting permission first. Traveling when you’re not supposed to can get your bail revoked.

Where You Cannot Travel

Remember, you can only travel to places you have permission to go. Leaving the state or your approved travel area without telling probation or the court can lead to your bail being revoked and you being arrested.

You also cannot travel outside of the United States while on pre-trial supervision without special permission. This includes short trips to Canada, Mexico, or the Caribbean.

Can Travel Be Restricted?

Yes, the court and federal pre-trial services can prohibit you from traveling. This is because they are worried about you fleeing or committing crimes outside their jurisdiction. You have to follow any travel restrictions they set.

Planning Future Travel

If you want to take a trip while on supervised release, talk to your lawyer first. They can advise you on properly getting permission to travel from probation and the court.

Do not book flights or hotels until your attorney confirms the travel is approved. Violating the court or probation’s rules could lead to your arrest.

Questions About Travel? Contact a Lawyer

Traveling with federal pre-trial supervision can be complicated. Always check with probation before leaving the state or country. For questions about travel on pre-trial, it’s best to contact a criminal defense lawyer. An experienced attorney can help get your travel approved so you stay compliant.

What Are the Rules for Traveling Within the U.S.?

If you want to take a trip within the United States while on pre-trial supervision, here are some key things to know:

• For travel 15 days or less, get permission from your pre-trial officer
• For travel over 15 days, you must also check in with the local probation office where you’re traveling
• Provide your officer details on your travel dates, location, accommodations, contacts at destination, and reason for travel
• Higher-risk defendants may have to take extra precautions like calling their officer at certain times
• Always call your officer when you return from a trip

Domestic travel is usually allowed as long as you carefully follow the rules. Be sure to get approval and check in as required to avoid problems.

What Are the Rules for International Travel?

International travel while on federal pre-trial supervision is very difficult, but possible in limited cases. Here’s what you need:

• File a request with probation providing all details of your proposed international trip
• Get consent from both the prosecutor and your pre-trial officer
• Your lawyer must file a motion with the court requesting approval for international travel
• The court will only grant this for very important reasons, like a family emergency
• You may have to surrender your passport except when traveling
• There could be other restrictions like regular check-ins while abroad

International travel requires much more approval and planning. Talk to your attorney well in advance if you need to travel outside the U.S. while on supervision.

What Happens If You Violate Travel Rules?

There can be serious consequences if you travel without the required permission from probation or the court, including:

• Increased bond amount
• Stricter release conditions
• Bail revocation (being jailed until your trial)
• Separate criminal charges for bail violation

Never travel outside of your approved areas without getting permission first. Violating your conditions of release can land you back in jail.

Should You Plan Future Travel?

It’s best not to book any trips until you know your travel will be approved. Your attorney can help you request permission to travel from probation or the court. But until your travel is officially authorized, hold off on making firm plans.

If you do need to travel while on pre-trial release, plan well in advance and be prepared to provide lots of details. Carefully follow all restrictions so you can stay compliant.

How to Request Court Permission for Travel

In some federal districts, you’ll need court approval in addition to your pre-trial officer’s permission to travel. Here’s how it works:

1. File a written travel request with U.S. Probation providing all required details
2. If probation approves, your lawyer files a letter motion with the court
3. The letter explains your travel dates, location, purpose, etc. and requests court authorization
4. It will also say if the prosecutor or pre-trial officer object to the travel
5. The court will review and either approve or deny the request
6. You cannot travel until the court grants permission

Your attorney knows the process for your specific court. They can properly request travel approval on your behalf.

Questions to Ask Your Lawyer About Travel

If you need to travel on pre-trial release, be sure to discuss the details with your criminal defense attorney. Here are some questions to ask:

• What are my approved travel areas?
• What is the process to request probation and court approval?
• How far in advance do I need to request travel permission?
• Can I travel internationally? What extra steps are required?
• What are acceptable reasons for travel requests?
• What restrictions will be placed on my travel?
• What happens if I travel without approval?

Your lawyer can provide guidance tailored to your specific federal district. Don’t arrange travel until you have their advice.

Summary – Key Points on Traveling with Federal Pre-Trial Supervision

• You must get permission from U.S. Probation to travel outside your approved areas
• Court approval may also be required depending on the district
• Provide all details of your proposed travel dates, location, purpose, contacts, etc.
• International travel is very difficult and requires consent from the prosecutor and pre-trial officer
• Never travel without the required approvals – it can lead to bail revocation
• Always consult your defense attorney before planning any trips

While travel is possible, strict rules apply. Careful planning and compliance is key to avoiding problems.