If you have been arrested and charged with a South Carolina crime, you may be wondering if you are allowed to leave the state while your case is pending. Everyone who is arrested, taken to jail and then released on bond is placed under a court order that requires them to follow certain bond conditions. All bond courts in South Carolina, including the Lexington County Bond Court, use a standardized form that lists these conditions. This form will show whether travel outside of South Carolina is permitted.
Preprinted on every South Carolina bond form is a condition stating that a defendant may not leave South Carolina without permission from the court. This automatic restriction applies to all criminal charges. It applies to misdemeanors like DUI or Domestic Violence Third Degree and also to felony charges involving areas such as criminal solicitation of a minor or drug trafficking.
Unless the judge has specifically written on your bond form that you are allowed to travel out of state, you are prohibited from doing so. The bond form contains a space where the judge may add or change conditions. If the judge does not write in permission to leave South Carolina, then travel is not allowed.
This restriction can create significant problems. Many people live, work or have family obligations outside of South Carolina. Violating a bond condition can lead to serious consequences, including having your bond revoked. If that happens, you can be required to stay in jail until your case is finished.
In many situations the courts do not actively monitor most defendants or their travel. If a defendant appears for all required court dates, it is not common for out of state travel to become an issue. The risk increases for defendants who are closely monitored, who are on GPS, or who have more serious charges where prosecutors and judges are paying closer attention to compliance.
Our office regularly helps clients who need bond conditions modified. This includes requesting permission to travel out of state or asking the court to remove a no contact restriction. Any change to bond conditions requires a court order. A criminal defense attorney or a bonding company cannot approve the change by themselves. It can take days or weeks for the court to review and decide a modification request. It is important to tell your attorney about any required travel as soon as possible.
We offer free consultations for those with pending criminal cases, and frequently can offer same-day appointments. Call us at (803) 359-3301.
All cases are unique, and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.