When you're facing criminal charges, life can feel like it's on hold – especially when you're not sure what you can and can't do. If you have an upcoming trip or need to leave New Jersey for work, family, or personal reasons, you might be wondering: Am I allowed to travel while my case is still open? The answer isn’t always straightforward – and making the wrong move can lead to serious consequences.
At Davis Law Firm, we know how overwhelming it can be to deal with restrictions on your freedom while trying to move forward with your life. Our attorneys are here to help you understand your rights, meet the court’s requirements, and make informed choices that protect your future.
Before you make any plans, here’s what you need to know about traveling with an open criminal case.
What Does It Mean to Have an "Open" Criminal Case?
An open criminal case generally means charges have been filed against you and the case is still pending. You may be awaiting court hearings, participating in a diversion program like Pretrial Intervention (PTI), or have been released under court-ordered conditions after a risk assessment.
In New Jersey, bail reform means most defendants are no longer held on traditional cash bail. Instead, the court assesses each person’s risk of flight or danger to the community and imposes specific conditions for release. These may include restrictions on where you can travel, regular check-ins with pretrial services, or orders to remain within the state.
Even though you haven't been convicted, you remain under the court's jurisdiction until your case is resolved. That means your movements – including any plans to leave New Jersey – may be limited, and violating these rules can have serious consequences.
Are You Allowed to Travel?
In some situations, yes – but it depends on the specifics of your case. The court might allow travel if all of the following apply:
- You haven’t been ordered to stay in New Jersey as part of your release conditions.
- You have no active warrants or pending violations.
- Your attorney has secured permission from the court beforehand.
That being said, assuming you're free to travel without checking first can cause serious issues. Some judges impose automatic restrictions, especially if the charges are serious or there's a perceived flight risk. Others may not explicitly prohibit travel but still expect you to seek approval before leaving the state.
Common Travel Restrictions in Criminal Cases
If you’ve been released under court supervision or pretrial monitoring, you were likely given a set of conditions. These might include:
- Surrendering your passport
- Staying within New Jersey
- Regular check-ins with court officials or a pretrial officer
- Attending all scheduled court dates
Traveling without following these conditions can result in serious legal trouble, including a bench warrant for your arrest or a revocation of your release.
What Happens If You Travel Without Permission?
Leaving the state without permission while your case is pending can signal to the court that you are not taking the charges seriously – or worse, that you're trying to flee. You could face:
- Immediate arrest
- Revoked bail
- Additional charges
- A tougher stance from prosecutors
Even if your intentions are innocent, the court may see things differently. It’s always better to be proactive.
How to Request Court Approval to Travel
If you need to travel for a family emergency, work, medical treatment, or another important reason, the court may grant permission – but you have to ask the right way. Here’s how:
- Talk to your attorney first. Never assume you can travel without legal guidance.
- Submit a formal request or motion to the court, if necessary.
- Include supporting details like dates, destination, reason for travel, and proof of return.
- Obtain written approval before making any travel plans.
Your attorney can guide you through the process and increase the chances of your request being approved. Getting permission is just one part of the decision – now comes figuring out whether traveling is truly a smart move.
Even If You Can Travel, Should You?
Just because the court says you can travel doesn’t always mean it’s the best idea. Consider the following:
- How it looks: Prosecutors may use your travel to argue you’re not taking the case seriously.
- What could go wrong: Missed flights, car trouble, or emergencies could cause you to miss a court appearance.
- Added scrutiny: If you're pulled over or questioned by out-of-state authorities, your open case could complicate things.
In some cases, staying close to home until your case is resolved is the smartest move.
Legal Guidance Makes a Difference: Reach Out to Defense Attorneys at Davis Law Firm Today
Navigating an open criminal case can be overwhelming, especially when it interferes with your personal freedom. At Davis Law Firm, we help clients across Trenton, Hamilton, Ewing, Lawrence Township, and throughout Mercer County understand their rights, comply with court orders, and avoid costly mistakes.
If you're unsure about your travel rights while your case is pending, or need guidance on complying with court conditions, don’t wait until it’s too late. We provide trusted legal counsel tailored to your situation – and we’re here to protect your future every step of the way.
Contact our Trenton criminal defense attorneys today to schedule a confidential consultation. We're ready to answer your questions, protect your rights, and help you move forward with confidence.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different, and you should consult a qualified New Jersey criminal defense attorney to discuss your specific situation.
