Legal Question in Criminal Law in Louisiana
Move r not?
I have a friend who was arrest with illegal gun possession and drugs. They are now released on bail and I wanted to know that since they are released on bail then are they allowed to leave the state? If they are then under what circumstances are they allowed to leave? (By leave I mean move to another state until their court date)
2 Answers from Attorneys
Re: Move r not?
You did not say if it is a stste or federal charge. The differences are very significant.
If it is a federal charge, the pre-trial release order controls the situation. If it is a state charge then the big issue is that he be accessable for notice from the court. Either way an experienced criminal defense lawyer is his greatest need.
Re: Move r not?
Dear LawGuru Friend,
As I understand current practices, if not the law, a defendant released on bond is not free to leave the state. However, in practice, so long as he keeps his bondsman aware of where he is and stays in touch with his bondsman, lawyer and/or the court to make sure when he is supposed to appear in court, as a practical matter, he can leave the state where he is charged and be in no trouble, unless, by chance, it is a federal charge, not a state charge; in which case he may very well have a federal probation officer to keep check on him, and who would know if and when he left the state. My best answer is NO, he can't legally leave the state; but, if he keeps in close touch with his bail bondsman and his lawyer and checks and makes sure if and when he is to appear in court, he will be in no trouble if he should leave the state while the charge or charges is/are pending. Good luck to you and your friend, or friends!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
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