Can I Travel with a Pending Criminal Case?
Travel Isn’t Always Simple When Charges Are Pending
When you’re facing criminal charges, life doesn’t stop — and neither does your need to travel. Maybe you’re hoping to take a pre-planned vacation, attend a family event out of state, or visit relatives abroad. But with a pending criminal case, the big question becomes: Am I even allowed to go?
At the Law Office of Erin Bradley McAleer, we get this question all the time. The answer depends on the details of your case, your bail conditions, and whether you’re trying to leave Washington State or the United States. Here’s what you need to know before you pack a bag.
Leaving the State with a Pending Criminal Case
If you’ve been charged with a crime but not yet convicted, your ability to travel out of state largely depends on your conditions of release (also called pretrial release conditions or bail conditions).
In many Washington criminal cases, courts will limit travel while your case is pending. This is especially true if:
- The charge is a felony
- There’s a concern you might flee the jurisdiction
- You have a prior criminal history
- You were released on bond or bail
Sometimes, judges will include a restriction that says you cannot leave the state without court permission. If that condition is in place, and you travel anyway, you risk violating your release — which could lead to a bench warrant and being taken back into custody.
If you need to travel for a legitimate reason, you can request permission from the court in advance. Your attorney can file a motion explaining why the travel is necessary, where you’re going, and how you’ll ensure you’ll be back in time for any court appearances. In many cases, if the reason is reasonable and you have a history of compliance, the judge may grant it.
Traveling Internationally with Pending Charges
Traveling outside the United States with pending criminal charges is much more complicated — and riskier.
First, if your case involves serious charges, international travel is typically prohibited outright as part of your release conditions. Courts are much less likely to approve international travel due to concerns that you may not return or that it will be harder to locate and extradite you if something goes wrong.
Second, international travel often requires a valid passport. But if you’re out on bond, your passport may be surrendered to the court as a condition of your release. In some federal or immigration-related cases, a pending criminal charge can even impact your ability to enter another country, especially if the foreign country views criminal charges — even unresolved ones — as grounds for denial.
If you are not a U.S. citizen, travel while facing criminal charges carries additional risks, including complications with reentry, immigration holds, or deportation proceedings. You should speak with both a criminal defense and immigration attorney before leaving the U.S. in this situation.
What Happens If You Travel Without Permission?
Violating your conditions of release — by traveling without authorization — can have serious consequences. The judge could revoke your bail, issue a bench warrant, or place additional restrictions on your freedom. Even if you return on time, the fact that you disregarded court orders could affect your credibility in court. It’s always better to ask for permission, not forgiveness when dealing with the court system.
When Travel Might Be Allowed
If your charges are misdemeanors and you’ve been fully compliant with all court requirements, you may have more flexibility. In some low-level cases, the court may not impose any travel restrictions at all — especially if your attorney works with the prosecutor ahead of time.
If you’re on pretrial release without bail and have no pending hearings during your intended travel dates, your attorney may simply need to notify the court and opposing counsel.
Regardless of the situation, always confirm first. What seems like a harmless weekend trip could result in legal complications you didn’t expect.
Let Us Help You Navigate Travel During Your Case
If you have a trip coming up and you’re unsure whether you’re allowed to go, the best step is to talk to your attorney. At the Law Office of Erin Bradley McAleer, we help clients manage these concerns all the time. We can request modifications to your release conditions, prepare motions, and speak with the court to give you the best chance at approval — without risking your freedom. Contact us today if you’re facing criminal charges and need help planning your next steps — including whether it’s safe (and legal) to travel.