Can Defendants Leave the State/Country While on Bond?

There are a few reasons in which a defendant will want to leave the state after they have been bonded out of jail, but their court date has not yet arrived. The need to leave the state or country usually revolves around a sudden family illness, a death in the family, or other type of emergency situation. In cases like these, it is crucial that the defendant knows how to get permission to leave his or her current state or country of residence. The consequences of not doing so could leave the defendant in a much worse situation than the current.

Defendants Should Not Leave the State While Out on Bond Without Permission From the Bonding Company.If a defendant has not been instructed by the court to remain in his or her state or country of residence, then they still have to get permission from the bail bonds company through which they cosigned the bond. With our bail bonds, we also a recommend getting permission from the actual cosigner of the bond. Since the reason for leaving the state will most likely be a family emergency or something of the sort, then there’s already a good chance that the cosigner (who is probably a family member or close friend) will be aware of the direness of the situation. In some cases, they won’t be. It is always good to make sure that everyone involved in the bail bond transaction is on the same page. After all, everyone has some liability in it.

If the court that is presiding over the current criminal charges has implicitly stated the the defendant cannot leave the state or country, then he or she must also get permission from that governing entity. Certain exceptions can be made, when given in writing, to the original bail bond in extenuating circumstances. There is a good chance that the defendant can state their case for leaving the state or country while out on bond and have the court grant that leeway. In high-risk cases, the chance is less.

The consequences of not getting permission can be quite extreme. By allowing a defendant to enlist the help of a bail bonds service until their court date arrives, the court wants to be sure that the person is actually going to show up for court and that they aren’t a danger to themselves or the community. By leaving the state before their court date, this can set off a big ‘red flag’ in terms of truancy or failing to appear for their court date. This is why gaining written permission from the aforementioned parties is required. If the defendant fails to get proper authorization, then the bond will most likely be revoked and a warrant will be put out for that person’s arrest.

Most of the time though, a defendant isn’t thinking that far ahead. An emergency occurs and we as humans simply react. When a defendant is out on bond and the bail bondsman finds out that they are no longer in the state, they will want to secure their ‘investment’ and negate any financial risk. With all of the different types of bail bonds, this article applies mainly to surety bonds – which are the most widely used. So, instead of walking the line of getting caught, even if the defendant is planning on being present for court, they should get permission from the bonding company first.