Can my son leave the state with a felony court date? 10 Answers as of October 17, 2010

My son has a court date for a felony involving prescription pills. He was in the process of moving at the time it happened. Can he leave the state and can he have an attorney handle the case in state?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
If the case is already filed as a felony, he must appear in Court for every court date. He can leave the state, but he must return for every court appearance.

If the case is not filed yet, it may be possible to talk with the District Attorneys Office and request a misdemeanor filing. That way, he would face much lesser penalties and an attorney can appear for him at all court appearances on a misdemeanor case.

Once the case is resolved, any probation can be transferred to a different state.

If you would like to talk about this case in more detail, please call my office for a free consultation.
Answer Applies to: California
Replied: 10/14/2010
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
When a person is released from jail or appears in court for the first time, the court may set conditions of release that must be followed. If those conditions did not include restrictions on leaving the state, there is nothing that precludes that person from traveling. They must, of course, return for any subsequent court appearances. For Minnesota issues, please call us.
Answer Applies to: Minnesota
Replied: 10/14/2010
Marilyn J. Hochman
Marilyn J. Hochman | Hochman and Peppler, LLC
This depends on what conditions he has when he bonded out. Ask the bail bonds person and/or the probation people.
Answer Applies to: Florida
Replied: 10/14/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Yes, unless his release from custody was not condition on his not leaving the state. He will need to return for court appearances unless an attorney requests that he can appear through counsel and the judge agrees. Even if this happens he still must be present for hearings.
Answer Applies to: California
Replied: 10/13/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Normally, the client must be present at felony hearings. Whether or not he can leave the state will depend on whether a part of his "release" allows him to, or if he would have to get permission from the Court. You should consult with an attorney further about this matter for more specific information about the case.
Answer Applies to: California
Replied: 10/13/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    For a felony case your son will have to be present in court unless he can get a waiver from the court. If he is out on bail you will have to ask the bail bonds company for permission. You should discuss the issues with your sons attorney.
    Answer Applies to: California
    Replied: 10/13/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Whether he can travel out of state depends entirely on the presiding Judge, who may impose bail and/or conditions of release. Also, since the charge is a felony, an attorney cannot appear without your son, who must be present at all court proceedings.
    Answer Applies to: California
    Replied: 10/13/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes, unless he has a court order to stay, he can leave and travel. However, he must personally appear at every court hearing on a felony, but could travel in between. If he is serious about getting legal counsel, feel free to contact me.
    Answer Applies to: California
    Replied: 10/13/2010
Click to View More Answers: