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Can the accused still fly?

Can the accused still fly? The recent indictment of New York City Mayor Eric Adams has raised questions about travel restrictions for individuals facing criminal charges. Legal experts say travel possibilities for those under indictment depend on several factors and are ultimately at the discretion of the court.
September 27, 2024
Nahal Garakani - LA Post

The recent indictment of New York City Mayor Eric Adams has raised questions about travel restrictions for individuals facing criminal charges. Legal experts say travel possibilities for those under indictment depend on several factors and are ultimately at the discretion of the court.

When a person is indicted for a federal crime, they typically face a bond hearing where travel conditions are addressed, according to Charles Star, a Brooklyn-based lawyer and co-host of the legal podcast ALAB Series.

"The conditions related to travel could be negotiated with the U.S. Attorney's office, but it would have to be approved by the Court," Star said. "If they couldn't agree, the Court will decide."

Individuals under indictment who wish to travel for business or personal reasons must petition the court for permission. Judges generally consider two main factors when making travel restriction decisions:

  1. Danger to the community
  2. Likelihood of flight risk

If the accused is not deemed a threat and is unlikely to flee, the judge may be more inclined to allow travel.

In Mayor Adams' case, the charges involve alleged fraud, bribery and soliciting a political contribution from a foreign national. While Adams has maintained his innocence, the involvement of foreign influence could potentially impact travel considerations.

"The charges are significant," Star noted. However, he emphasized that no bond conditions have been set yet for the mayor.

For those granted permission to travel while under indictment, strict conditions often apply. These may include:

  • Limited duration of travel
  • Specific approved destinations
  • Regular check-ins with authorities
  • Surrender of passport

Legal experts advise individuals facing indictment to work closely with their attorneys when requesting travel permissions. Each case is unique, and outcomes can vary based on the specific charges, circumstances and judge's discretion.

While being indicted does not automatically prohibit all travel, it often complicates the process. Those facing criminal charges should be prepared for potential restrictions and additional scrutiny when attempting to leave their local jurisdiction.

As Mayor Adams' case progresses, it will likely provide further insight into how high-profile individuals navigate travel restrictions while under indictment. The situation serves as a reminder of the complex interplay between the legal system and personal freedoms, even for elected officials.

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