Can we still move out of country if my husband was arrested for misdemeanor theft?

Recently my husband was arrested for theft by deception under $1500. He has never been in trouble before. He is here in the US with a green card and is a French citizen. Do we need to look for an attorney or will a public defender be able to help us? Also, before this whole incident happened, we were planning to move back to France. If we move before our court date and come back for court, is that legal? He is currently out on bail but have yet to receive a court date.

Asked on September 1, 2016 under Criminal Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Normally, the courts don't impose travel restrictions on misdemeanor offenses, but some courts are fickle and concerned when defendants leave town. Before you husband leaves, he really needs to have his bond conditions and general bond rules reviewed by an attorney to make sure that there are no restrictions on his travel plans.  If he travels in violation of a bond condition, then he could accidentally incur additional charges, thereby making his situation worse.
Your husband can look for a private attorney... but I would suggest talking to the public defenders office first to see if he is eligible for their help.  The service would be free and he could potentially get his charges resolved before he leaves...thereby reducing the discomfort and expense of having these charges linger.


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