If you’re on federal pre-trial supervision, you may wonder if you can travel while on federal pre-trial supervision. Can you go out of the country? Can you get into trouble if you travel without notifying your pre-trial officer? These are all excellent questions that you should have answers to prior to booking your trip.
If you’re on federal pre-trial supervision, you’re under the supervision of the federal government. While the federal prosecutor is building a case against you, and your attorney is defending you, it is the Office of U.S. Probation who is responsible for your pre-trial supervision. While you’re under federal supervision, you’re forbidden from leaving the country. This means you can’t travel. But this shouldn’t stop you. Just remember that you’re on supervised release and obey all the rules. If you do, you should be fine.
Can You Travel While on Pre-Trial Superision?
The short answer is, yes you can travel while on federal Pre-Trial Supervision with knowledge and permission from the U.S. Probation and in some cases with permission from the Court.
The longer answer on whether you can travel while on federal Pre-Trial Supervision is as follows. Once you appear before the Magistrate at the start of your case, the Court will issue a set of conditions that you must follow while on pre-trial supervision. Typically, the Court will restrict your travel to certain geographical locations i.e. The District of New Jersey (DNJ) or The Southern District of New York and the Eastern District of New York. Generally, you will be allowed travel to districts where you reside, where you work and where your attorney’s office is.
In order to travel anywhere else on pre-trial permission, you will need permission of your pre-trial officer to go anywhere else. This is done by filing a request with the U.S. Probation Office. Usually, you will need to submit dates of your travel, your location of stay, information and contact information for people you are traveling or staying with. You will also need to explain the reason for travel.
In certain districts, the permission of the Court is also required for travel outside the designated districts. This is obtained by your attorney by filing a letter with the court explaining the details and reasons for your trip. Your attorney will also need to state in the travel request whether the prosecutor or pre-trial have a position on your travel request. In some situations, international travel for very important reasons (think death in family and not vacation) is permissible. This will only be granted with consent from both the prosecutor and pre-trial.
Will Traveling Without Permission Affect Your Supervision?
It’s possible if not certain that traveling without permission will affect your supervision. If the federal prosecutor learns that you’re out of the country without getting proper permissions, he or she might file a motion to modify your conditions. This could mean that you’re no longer allowed to travel. It can also mean that federal prosecutor might file a motion to revoke your bail. This means the court will keep you in jail pending the outcome of your case.
Where Can You Travel While On Pre-Trial Supervision?
It is important to note that you can only travel to states and districts that you have permission to travel to. Traveling without permission can result in the revocation of your bail. If you are thinking of leaving the state or the designated area of your travel, you must notify both your attorney and your pre-trial officer to ensure that you are avoiding any issues.
Can You Be Prevented From Traveling While on Federal Pre-Trial Supervision?
Yes, you can be prohibited from travel by either the Court or by federal pre-trial. This is because the court is worried about you running away or committing a crime while you’re out of the jurisdiction. Therefore, it is essential that you follow the Court’s and pre-trial’s decision on travel.
Should You Plan a Trip?
If you want to travel while you’re on supervised release, you should consult a lawyer. A lawyer can give you advice on the best way to travel while on federal supervised release. Traveling inside and outside the United States requires special permission from the U.S. Probation Office. Do not book or even plan a trip until you consult with your attorney about your travel being approved. If you don’t follow the rules set by the Court or pre-trial, you could be subject to immediate arrest.
Contact Us With Questions on Travel While on Federal Pre-Trial
Traveling while under federal supervised release isn’t easy. You have to check with the U.S. Probation Office beforehand to make sure you are allowed to leave the state/country. The best way to travel while on federal supervised release is to consult with a lawyer first. If you have questions on traveling while on pre-trial, please contact us for assistance.