Miami, FL asked in Criminal Law for Florida

Q: I was arrested for misdemeanor theft in the Villages Florida July 15. I was released on bond. can I fly home to Ohio?

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1 Lawyer Answer
Ralph Behr
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  • Criminal Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Read your bond conditions. Standard conditions of pre-trial release on bond require attendance at all court proceedings. You can file a waiver under the Fla.R.Crim.Pro to be excused from attending all non-critical hearings which are hearings where your constitutional rights are not at issue. File a waiver through your attorney. As to travel outside of Florida there are two issues: First the judge has to approve your leaving the State of Florida because the judge's jurisdictional limitations may cause him/her to deny your right to leave the State. Secondly your bondsperson has to agree to any travel. If you don't have an attorney you should retain one as you can run afoul of your pretrial release conditions quite quickly if you leave the jurisdiction of the Court. The first thing that will happen is the prosecutor will file a motion to revoke your conditions of pre-trial release, which requires a hearing. Failure to attend in person or by counsel will result in revocation of your pre-trial release and if you posted a bond it may be forfeited.

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