Hotch126 Posted February 23, 2017 #1 Share Posted February 23, 2017 We have a December cruise to the Bahamas planned and one person in our party has some criminal charges against them at the time. They go to court again in March, so the outcome is still uncertain as to whether this will be a probation situation, or will still be an ongoing situation, or when it will be resolved. Before I email the Director of Immigration of the Bahamas I thought I would post here to see if anyone has had any similar situations? The charges are Domestic assault, simple assault, and Vandalism. The Vandalism is a felony based on cost of the amount of damages. I guess what I am asking is, will they even know, or care? How will they know? I don't necessarily want to draw attention to the fact if I don't have to... Any advice is appreciated. Link to comment Share on other sites More sharing options...
Rare sparks1093 Posted February 23, 2017 #2 Share Posted February 23, 2017 First things first- make sure the person will have permission to leave the state and the country. The prosecutor may deny that and then the other question becomes moot. Link to comment Share on other sites More sharing options...
Husky61 Posted February 23, 2017 #3 Share Posted February 23, 2017 The Bahamas do not have access to NCIC or any state databases. They are unable to conduct a criminal background check for the U.S. Link to comment Share on other sites More sharing options...
chengkp75 Posted February 23, 2017 #4 Share Posted February 23, 2017 As Sparks says, with a pending felony charge, the person is most likely to have limitations on whether and where he can travel. Regardless of where the cruise goes, he would be leaving the country, which without prior permission could be considered fleeing the jurisdiction. While he may be able to board, and to go ashore in the Bahamas, upon re-entering the US, he could face arrest. Link to comment Share on other sites More sharing options...
Husky61 Posted February 24, 2017 #5 Share Posted February 24, 2017 As Sparks says, with a pending felony charge, the person is most likely to have limitations on whether and where he can travel. Regardless of where the cruise goes, he would be leaving the country, which without prior permission could be considered fleeing the jurisdiction. While he may be able to board, and to go ashore in the Bahamas, upon re-entering the US, he could face arrest. No, they are not most likely to have limitations on whether they can travel The case has not been adjudicated in court, therefore they haven't been convicted of anything. There is a small chance if they posted bail or were released OR, they may have some restrictions on travel, but those are rare. I saw very few felony cases where the defendant had a travel restriction. Link to comment Share on other sites More sharing options...
leaveitallbehind Posted February 24, 2017 #6 Share Posted February 24, 2017 We have a December cruise to the Bahamas planned and one person in our party has some criminal charges against them at the time. They go to court again in March, so the outcome is still uncertain as to whether this will be a probation situation, or will still be an ongoing situation, or when it will be resolved. Before I email the Director of Immigration of the Bahamas I thought I would post here to see if anyone has had any similar situations? The charges are Domestic assault, simple assault, and Vandalism. The Vandalism is a felony based on cost of the amount of damages. I guess what I am asking is, will they even know, or care? How will they know? I don't necessarily want to draw attention to the fact if I don't have to... Any advice is appreciated. No, they are not most likely to have limitations on whether they can travel The case has not been adjudicated in court, therefore they haven't been convicted of anything. There is a small chance if they posted bail or were released OR, they may have some restrictions on travel, but those are rare. I saw very few felony cases where the defendant had a travel restriction. But according to the OP the case will be in court in March and an outcome may be determined then, which - depending on the determination - may affect their ability to travel, correct? Link to comment Share on other sites More sharing options...
Husky61 Posted February 24, 2017 #7 Share Posted February 24, 2017 But according to the OP the case will be in court in March and an outcome may be determined then, which - depending on the determination - may affect their ability to travel, correct? If the case is adjudicated in March, it depends on what he is convicted of, if convicted. He may be found not guilty of a felony, and the charges dropped to a misdemeanor conviction. Lots of variables in every criminal case, and even if he gets jail time, it is unlikely it will affect travel plans unless he also gets probation and a condition of probation restricts travel. That is not common in most of the court cases I am familiar with in California. Link to comment Share on other sites More sharing options...
sanger727 Posted February 24, 2017 #8 Share Posted February 24, 2017 As long as there are no open warrants it's unlikely for the cruise line or the Bahamas will know or care. So their only limitations will be based on their court case. I'm sure the persons attorney can advise him or her of what is and isn't permissible and whether or not their passport is flagged in any way if they try to use it. I will share just from my work experience that many people on probation end up violating it for a variety of reasons (missing appointments, not paying fees on time, missing deadlines for community service or any classes they have to go to). That would be the number one thing to watch out for, cause a probation violation can easily turn into a warrant that could result in the person being arrested prior to or upon return from trip. Sent from my iPhone using Forums Link to comment Share on other sites More sharing options...
Husky61 Posted February 24, 2017 #9 Share Posted February 24, 2017 That would be the number one thing to watch out for, cause a probation violation can easily turn into a warrant that could result in the person being arrested prior to or upon return from trip. Sent from my iPhone using Forums If the person is returning to a port like Miami or Los Angeles and the warrant is out of Montana, or another state far away, it is highly unlikely they would be arrested since the issuing agency would have to agree to extradite. Link to comment Share on other sites More sharing options...
Rare sparks1093 Posted February 24, 2017 #10 Share Posted February 24, 2017 No, they are not most likely to have limitations on whether they can travel The case has not been adjudicated in court, therefore they haven't been convicted of anything. There is a small chance if they posted bail or were released OR, they may have some restrictions on travel, but those are rare. I saw very few felony cases where the defendant had a travel restriction. I suppose it's a jurisdictional thing but here in Vermont someone who was facing felony charges would be in some serious hot water for leaving the state without obtaining permission first. It's possible they could leave and come back with no one in authority discovering their absence but I wouldn't do it. Link to comment Share on other sites More sharing options...
Husky61 Posted February 25, 2017 #11 Share Posted February 25, 2017 I suppose it's a jurisdictional thing but here in Vermont someone who was facing felony charges would be in some serious hot water for leaving the state without obtaining permission first. It's possible they could leave and come back with no one in authority discovering their absence but I wouldn't do it. I would make sure I never faced felony charges.:D With that said, many if not most felony charges are plea bargained to misdemeanors and never go to trial. Link to comment Share on other sites More sharing options...
sail7seas Posted February 25, 2017 #12 Share Posted February 25, 2017 (edited) For someone else to spend their energey getting it cleared for them to cruise provides them with a reward for their bad behavior and failure to clean up the mess they made. IMO They got temself in this mess, let them deal with it or let them miss the cruise. Cruel, aren't I ? Either that or suggesting a 'real punishment tha t will gtruly hurt. You decide. If they miss the cruise, they will be on their way to learning a hard lesson. Edited February 25, 2017 by sail7seas Link to comment Share on other sites More sharing options...
Rare sparks1093 Posted February 25, 2017 #13 Share Posted February 25, 2017 I would make sure I never faced felony charges.:D With that said, many if not most felony charges are plea bargained to misdemeanors and never go to trial. But of course, I've always been called a goodie two shoes and having held clearance in the Navy I've made sure that I toed the line:) (which kind of comes easy if you are a goodie two shoes). Of course this thread isn't what happens to the charges later down the road. (But this does allow me to express a thought that occurred to me long after my first response. The "no travel outside the state without permission" may not be part of state law, but may come instead from the conditions of release established by the Court. In any event it would be foolish for someone with pending charges to travel without making sure that it won't raise any issues locally.) Link to comment Share on other sites More sharing options...
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