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Can You Still Travel If You’re Indicted?

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Can You Still Travel If You’re Indicted?

If you happen to be in New York today, you may have picked up on a certain energy in the city. There is something in the air, a mad glee in the eyes of people on the subway, you might even catch the rarest of NYC sights: A stranger smiling at you on the street.

This has nothing to do with crisp fall weather, and is entirely the result of the famously bizarre, attention-loving mayor of New York City, Eric Adams, being indicted by the Southern District of New York for alleged fraud, bribery, and soliciting a political contribution from a foreign national. Visitors and long-time residents alike can rejoice in how funny this is.

Of course the indictment of a sitting mayor is a serious matter, and that comes with serious queries. In our case, travel-related queries, such as whether or not you can travel if you’ve been charged after accepting, and failing to disclose, a truly astonishing number of free business class seats on Turkish Airlines, among other indiscretions.

According to Charles Star, a Brooklyn-based lawyer, former comedian, and co-host of the legal podcast ALAB Series, it depends. “It’s a question of what the judge approves ultimately, because if you are indicted for a federal crime, there will be a bond hearing,” Star tells me. “I don’t know if they will make the Mayor of New York actually post a significant bond, but there will be a bond hearing when he’s arraigned, and the conditions related to travel could be negotiated with the US Attorney’s office, but it would have to be approved by the Court and if they couldn’t agree, the Court will decide.”

If Adams—or any other person who’s indicted and is awaiting their bond hearing—wants to travel for, say, a business trip or even a planned vacation, they’ll have to petition the court for permission to do so. Indicted citizens have been able to travel before. “You have to make certain assurances to the court and represent that you’ll return,” says Star. “But it is at the judge’s discretion.”Usually, a judge will make a potential travel restriction decision based on two main factors: danger to the community and likelihood of flight risk. If the accused doesn’t pose a threat and is unlikely to flee, the judge may be more inclined to concede them the possibility of travel.

While Adams is probably unlikely to look up countries without extradition treaties and disappear into thin air (he has maintained his innocence and, if we’re being honest, is probably hoping to beat the charges and do more corruption), his charges are still, as Star puts it, “significant,” as they do involve foreign influence. Travel for him may still end up being restricted, after all.

But again, no bond condition is certain so far. What is certain is that if Adams is allowed to travel, all eyes would be on him the moment he’s about to step onto a plane. After all, part of the bribery and fraud accusations are about Adams accepting certain free or discounted business class tickets.

Maybe, I think out loud, Adams should stick to economy class if he does end up traveling by plane. “Absolutely not,” chimes in Star. “In for a dime, in for a dollar. If you’re going to take a bribe, make it worth it.” Star pauses for a second. “If you’re going to let me answer like this, you have to say that I am a former comedian!”

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