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Can you leave the country before a court date while out on bail for a misdemeanor?

Birmingham, AL |

I have a school project out of the country before my court date in February that will return before my court date. Can I leave the country for this trip?

Attorney Answers 1


It depends. If the trial court entered an order not to leave the jurisdiction of the court, then you are under a standing order. [Under common law practice, this was a called a 'writ ne exeat' - a writ restraining a person frm leaving the republic, and is still used in family or domestic relations courts to prohibit a person from removing a child or marital property from the jurisdiction.) If the court did not specifically enter an order restraining your release on bail, then it is presumed you are eligible to travel freely. However, if you used a bail bond company to secure your release from jail, the contractual terms of the bail bond may prohibit your travel, and you would be in breach of your bond if you left the court's jurisdiction.

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