Can I leave the state of California during an investigation if I have not yet been questioned? - Criminal Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I leave the state of California during an investigation if I have not yet been questioned?

I am under suspicion for what could be a felony. This is completely ridiculous however they have started an investigation. I have not been questioned yet. I am in one state and need to return home to another. Is this against the law?

The Law Office of Harry E. Hudson, Jr.
Contact this Attorney Now

Not that I know of. Second, you probably do not want to talk to the cops. Their intention is NOT to find out "your side of the story" and "hel;p you with the DA /Judge". Their intent is to challenge anything you say and get you to back track, thereby offering the idea you are a liar. So, third, hire an attorney.

Answer Applies to: California
Replied: 7/9/2011

Law Office of Eric Sterkenburg
Contact this Attorney Now

If you have no official instructions limiting your movements you may go where you please.

Answer Applies to: California
Replied: 7/8/2011

The Chastaine Law Office
Contact this Attorney Now

Its not against the law to go home but becareful that it does not appear that you are trying to avoid prosecution. Talk to a lawyer before you do anything.

Answer Applies to: California
Replied: 7/7/2011

Attorney at Law
Contact this Attorney Now

You are free to come and go unless or until you have been arrested or told otherwise by a court.

Answer Applies to: California
Replied: 7/7/2011

Answer By Terry Nelson
Nelson & Lawless
Contact this Attorney Now

You can generally leave as long as there is no court order forbidding it, and no arrest warrant for you. Leaving will look bad and encourage police the think you are guilty and pursue charges. Leaving wont stop the process, and if a warrant is issued, youll need to come back to defend the charges. There is no run and hide defense. To handle a warrant, you must turn yourself into the court, with or without an attorney, and try to negotiate a recall of the warrant, negotiate bail or OR, and try to negotiate on the outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the US. If this is a felony, the defendant must be personally present at every court hearing and appearance. If this is a misdemeanor, the attorney can appear in court without the defendant being present. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

Answer Applies to: California
Replied: 7/7/2011

Answer By Sheryl S. Graf
Law Offices of Sheryl S. Graf
Contact this Attorney Now

Contrary to what you may have heard in fictional Western movies (i.e., the Sheriff always says: "Don't leave town"), the mere fact that you believe you are under investigation does not prohibit you from traveling. However, it is very important that you obtain the advice of an attorney before responding to any questioning. Your attorney can also stay abreast of the investigation to make sure that a warrant does not issue for your arrest if formal criminal charges are filed while you are out of state.

Answer Applies to: California
Replied: 7/7/2011

Answer By Paul Wallin
Wallin & Klarich: A Law Corporation
Contact this Attorney Now

So long as no charges have been filed against you then you are free to travel anywhere you wish. This means that you can return to the state you wish to travel. However, if felony charges are filed, you will be subject to being extradited back to California to face criminal charges. You are much better off retaining a criminal defense attorney now to monitor the situation and advise law enforcement that you have a lawyer and they are to have no direct contact with you. This way if charges are filed then your criminal defense law firm can notify you (when they find out) and you can return to California to avoid extradition.

Answer Applies to: California
Replied: 7/7/2011

Law Offices of Martina A. Vigil, PC
Contact this Attorney Now

I think your best bet is to contact the detective that has contacted you in the first place and let him know you'll be traveling to a different state. This way, it will not look like you're running from the criminal charges.

Answer Applies to: California
Replied: 7/7/2011

Law Office of Andrew Roberts
Contact this Attorney Now

Yes- but you might want to have an attorney on stand by. You do not have to say anything to police.

Answer Applies to: California
Replied: 7/7/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
Contact this Attorney Now

No, and in fact that would be a good idea. You have the right to NOT speak with anyone. And if you just can't resist the urge to open your mouth, then at least have attorney present at all times.

Answer Applies to: California
Replied: 7/7/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy