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legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 7442
Experience:  Just Answer consultant at Self employed
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I was arrested lifting, but my case is still pending, can I

Customer Question

I was arrested for shop lifting, but my case is still pending, can I travel out of the country?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: California, in january 2016
JA: Have you talked to a lawyer yet?
Customer: Yes, I have a pretrial on 6/17
JA: What advice did they give you?
Customer: Regarding what?
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  legalgems replied 6 months ago.

That varies depending on the "flight risk" of the defendant.

If there are any travel restrictions, it will be noted on the bail provisions.

Even if there are travel restrictions, one can make a request to the judge requesting permission to travel- as long as they feel their is no flight risk, they will generally allow it for misdemeanors.

The statute itself does not prohibit it:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9

That is because a person is not guilty of the crime until convicted and thus can't be denied their constitutional right to travel, unless it is a condition of the bail agreement.

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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Expert:  legalgems replied 6 months ago.

Checking in on the above.

Hopefully this issue is resolved.

Thank you for using JA.