In addition to the bail amount, a judge can set specific rules before a defendant can be released on bond. For example, one situation where this may occur is in a criminal sexual conduct case. The judge in that case may require the defendant to not have contact with the alleged victim. One of the questions you may have regarding additional bond conditions is: Can a defendant leave the state while on bond?
Here’s what you need to know.
Can a Defendant Leave the State While on Bond?
Situations in which a defendant may be concerned about the ability to leave the state while on bond could be something like a child custody arrangement. While the father may live in Michigan, the mother could live in Ohio. The driving distance is reasonable, but it would require one or the other to leave the state.
Another situation, for example, would be if the person works or goes to school in another state. Yet another is a planned, prepaid vacation. There are a variety of reasons why someone might need to travel out-of-state.
So … can a defendant leave the state while on bond?
The answer is: Yes and no.
Generally, the defendant can leave the state unless a travel restriction is imposed. However, that quite often is the case.
In states including Michigan, normally a judge will tell a defendant that he or she cannot leave the state without permission from the court.
Especially for misdemeanors, the request to leave the state is often granted. The court’s main goal is that the defendant returns for scheduled court dates, so unless the judge is worried that the defendant will not return, there should not be a big problem with the request.
However, always consult with your attorney and your bail bond agent to have your questions answered. Specific details in your case could affect the outcome, or perhaps your attorney will know reasons why it’s a bad idea to request leaving the state.
Bond Conditions
The bail amount and bond conditions are often set during the arraignment, which must occur within 72 hours after an arrest.
A judge will consider several factors when deciding on the bail amount and additional bond conditions, as noted on Lawyers.com and many other sources.
• The defendant’s criminal history
• The defendant’s physical and mental condition
• Seriousness and nature of the alleged crime
• Likelihood that the defendant will skip bail
• The safety of the public
• Whether the defendant has a history of substance abuse
Contact Detroit Bail Bonds for More Information
Are you wondering: Can a defendant leave the state while on bond in your particular situation? If so, let us know. We’ll help answer your questions. We can be reached 24 hours a day, 7 days a week through our Detroit Bail Bonds website or by phone at 313-224-0669.
