If you were released on your own recognizance in a California criminal case, do not leave California without court leave. Penal Code section 1318 requires the signed own-recognizance agreement to include a promise to appear, comply with reasonable conditions, and not depart the state without leave of court. International travel necessarily requires leaving California, so first review the signed agreement and latest court order and obtain the court’s permission before departure. (Penal Code § 1318)
This rule is about a particular release type. Do not assume it applies to a person released on bail or under a different order; verify what you signed and what the court most recently ordered.
Check the actual agreement and order
Read the own-recognizance agreement, release order, and any later modification. California’s Judicial Council CR-104 form, revised March 2026, includes a condition not to leave the state without court leave. It is a model form, not proof that every case uses CR-104; the signed agreement and entered order control the person’s obligations. Penal Code section 1270 addresses when a court may grant own-recognizance release, but not every defendant is on that type of release. (CR-104; Penal Code § 1270)
Before travel, give counsel the proposed destinations and dates, itinerary, expected return, and all upcoming court dates. Ask counsel to request court leave through the proper procedure and to confirm the ruling in a written order before you depart. An airline ticket, verbal assurance, or pending request is not court permission. The statutory promise names the court as the authority to grant leave; counsel or a supervision officer cannot simply waive it.
Travel permission does not move a hearing
Permission to leave California and a continuance of a criminal hearing are separate issues. A court order allowing travel does not itself reschedule an appearance. Check each hearing notice and obtain a separate continuance order if a date must change; continue to follow the existing notice unless the court changes it. Do not miss a hearing because you expect the travel request or a continuance request to be granted.
A California release order also does not decide whether another country will admit you, whether you can obtain or use a passport, or whether you may return to the United States. Noncitizens and anyone with a pending immigration matter need separate, status-specific advice about travel documents, admission, and reentry. (Penal Code § 1318)
The Law Offices of David S. Chesley represents people facing California criminal charges. Call (800) 755-5174 to discuss the release agreement and court calendar.