Can an accused travel outside his country while a case is pending against him?

Answer 1

Generally speaking, no. When someone is charged with a crime, they are usually arrested, booked and jailed pending their first court appearance (arraignment). At arraignment, the judge asks for and records a plea to the charges, and sets bail, remands the accused to jail without bail (this requires special circumstances, such as an unusually heinous crime and a risk of flight), or releases the accused on their own recognizance ("OR"). The latter alternative is used when the crime is relatively minor and the accused is believed likely to appear for subsequent court appearances.

In the setting of bail or an OR release, the judge can place on the accused any conditions he/she thinks are warranted. These can include not committing any additional crimes, abstention from the use of drugs or alcohol, not leaving the jurisdiction of the court without permission, or surrender of a passport. If the latter requirement is imposed, the accused will not be able to enter Another Country lawfully.

A bondsman posting bail for an accused person can also place requirements on their conduct before trial. If the bondsman believes the accused is about to skip out on him, leaving him on the hook for the bail amount, the bondsman can seize the accused and return them to jail, then withdrawing his bond and getting his money back.

A judge could grant permission for an accused person to leave the country before trial, but would be taking a risk in so doing. If the accused were to travel to a country that does not have an extradition treaty with the United States, the court would be powerless to force them to return for trial. In order to grant such permission, the judge has to make a judgment call on whether he/she believes the accused has more to lose by fleeing the jurisdiction than by returning for trial and possibly being convicted.