If you’re facing a criminal trial in New Jersey, you may wonder whether you can leave the U.S. during the proceedings. This column explains the legal feasibility of international travel during a criminal case, the potential consequences, and the necessary procedures, helping New Jersey residents better understand their situation.
Travel Restrictions During a Criminal Case
In New Jersey, individuals facing criminal charges are typically restricted from leaving the U.S. until their case concludes, due to bail conditions, court orders, or the nature of the charges. Theoretically, a defendant may leave the country during a trial unless explicitly prohibited by the court. In practice, however, many bail conditions include travel bans, particularly for serious charges like felonies or when the defendant poses a flight risk. Even if bail conditions do not expressly prohibit international travel, leaving without court approval can lead to severe legal consequences. Therefore, obtaining formal court permission is essential before any travel.
Legal Consequences of Unauthorized Travel
Leaving the U.S. without court approval during a criminal case can result in significant repercussions.
- Bail Condition Violation: Unauthorized travel may be deemed a violation of bail conditions, prompting the court to issue a bench warrant for your arrest and forfeit your bail bond. If a bench warrant is active in New Jersey or another state, the U.S. Customs and Border Protection (CBP) system will flag your information upon re-entry at an international airport or land border. This typically leads to a “secondary inspection,” and you may face immediate arrest, denial of entry, or even deportation. Bench warrants do not expire automatically and must be resolved through the court before re-entry, affecting U.S. citizens, permanent residents, and visa holders alike.
- Additional Charges: Unauthorized travel can lead to charges like bail jumping or contempt of court, which constitute new criminal offenses.
- Case Suspension: The court may mark you as having “absconded,” halting case proceedings.
- Immigration and Visa Issues: Even for minor cases, failing to appear in court can negatively impact future immigration applications, visa requests, green card renewals, or naturalization processes. This is particularly critical for non-immigrant visa holders (e.g., F-1, H-1B, B-2) or green card applicants, as travel during a criminal case is highly sensitive.
Procedures for Necessary Travel
If you must travel abroad during a criminal case due to emergencies like family crises, medical needs, or critical business obligations, specific steps are required.
- Motion to Modify Bail Conditions: File a motion with the judge overseeing your case to modify bail conditions or submit a motion for permission to travel to the court with jurisdiction.
- Detailed Application: The motion should outline the reason for travel, your planned return date, contact information while abroad, and, if possible, proof of a return ticket. You must also assure the court of your commitment to return on time and attend future hearings.
- Court Review: Approval is more likely if the prosecutor agrees or does not object. The court may impose additional conditions, such as increasing the bail amount or requiring a deposit.
- Carry Court Documents: If approved, always carry the court order permitting travel. This document may be necessary to present to CBP or other authorities during border crossings, as even with approval, you may face additional scrutiny upon re-entry.
Conclusion: Avoid Travel During a Case
From complying with bail conditions to preventing additional charges and protecting future immigration, visa, or legal status, leaving the U.S. during a criminal case without explicit court permission should be strictly avoided. Even if travel is permitted for urgent reasons, you must report your whereabouts to the court or your attorney upon return and fulfill all court appearance obligations. This ensures the case proceeds smoothly and safeguards your long-term legal and financial stability. Song Law Firm understands the complexities of criminal cases—act now and contact us to navigate New Jersey’s legal process and protect your rights.
Disclaimer: This column is for reference only and does not constitute legal advice. For guidance on your specific situation, please contact 201-461-0031, email mail@songlawfirm.com, or arrange a consultation via WeChat: songlawfirm.
