Can you travel outside the U.S., for example to Iran, while a California criminal case is open?

Not without checking your release terms first. A person released on own recognizance in California signs a promise not to leave the state without the court's permission and to waive extradition if they fail to appear (Penal Code § 1318(a)), so a trip abroad, including to Iran, needs the judge's approval first. For Iran, the U.S. State Department's travel advisory is Level 4, Do Not Travel, and it says not to travel to Iran for any reason.

A criminal case does not stop life: a parent falls ill in Tehran, a wedding is planned in Shiraz, a work trip is booked months ahead. The question is what the release terms allow and what happens if a court date is missed while you are away. This page covers the California side of that question, from the release agreement to the failure-to-appear rules. How release itself is decided, including bail and own recognizance, is explained on the page about how bail works in California and how to get released before trial.

One limit up front: this page does not give advice about Iranian law or about immigration law. For Iran it repeats only what the U.S. State Department publishes. Questions about Iranian law need someone qualified in Iranian law, and questions about leaving and reentering the United States as a noncitizen need an immigration attorney.

How travel works while a California case is open, step by step

1. Read your release terms. Someone released on own recognizance signed an agreement promising to appear at all times and places the court orders, to obey all reasonable conditions, not to depart California without leave of the court, and to waive extradition if they fail to appear and are found outside the state (§ 1318(a)(1) to (4)). The agreement also acknowledges that the person was told the consequences of violating the conditions (§ 1318(a)(5)). In a misdemeanor case where the court sets bail instead of own recognizance release, it specifies the conditions, if any, of release (§ 1270(a)). Read whatever paper you signed or received.
2. List every court date. A missed court date is the risk to plan around. Write down every hearing, and check the case on the Orange County court's online case and calendar information. The page on what to do in the first week after an arrest covers how to find them.
3. Talk to your defense attorney before booking. Your attorney can tell you what the release terms require, which dates are coming, and whether a request to the court makes sense.
4. Ask the court, not the prosecutor or the jail. The promise in § 1318(a)(3) is not to leave the state "without leave of the court", so permission comes from the judge in your case. Bring the dates, the reason, where you will stay and proof of the return ticket.
5. The judge decides. The judge can allow the trip, allow it with conditions, or refuse. Do not treat silence or a clerk's comment as permission.
6. If permission is given, follow it exactly. Travel only on the dates allowed, keep a copy of the order with you, and be back well before the next court date.
7. If something goes wrong abroad. Contact your attorney at once. A missed date can lead to a warrant, an added failure to appear charge and forfeiture of any posted bail, according to the Orange County court. After a release on bail, the bail forfeiture rules in §§ 1305 and 1306 apply (§ 1269b(h)).

Iran: what the U.S. State Department says

The State Department's Iran travel page is the official U.S. source on travel to Iran. In the Iran advisory as published in the State Department's official travel advisory feed, dated October 23, 2026 and checked on October 25, 2026, the level is Level 4, Do Not Travel, and the advisory says the following, among other things:

• Do not travel to Iran for any reason, and U.S. citizens in Iran should leave immediately.
• There is no U.S. Embassy in Iran, and routine consular services for U.S. citizens are not available in Iran.
• The Swiss government, acting through its Embassy in Tehran, serves as the protecting power for U.S. interests in Iran, and the advisory says that office is extremely limited in its ability to assist Americans in Iran.
• U.S. nationals, including dual U.S.-Iranian nationals, are at serious risk of wrongful detention, and the Government of Iran has imposed exit bans on U.S. citizens that prevent travelers from leaving.
• Iran will not recognize your U.S. citizenship if you are a dual U.S.-Iranian citizen or have a claim to Iranian citizenship.

For someone with an open California case, the exit-ban warning matters twice: it is a personal safety question, and it is also a court question, because a person who cannot leave Iran cannot appear on the next date. Check the live State Department page on the day you decide, since advisories change.

What changes the answer?

• Own recognizance or bail. The written promise not to leave California is part of the own recognizance agreement (§ 1318(a)(3)). With bail, the conditions are whatever the court set, and if a date is missed the bail forfeiture rules apply (§ 1269b(h)).
• Misdemeanor or felony. A willful failure to appear to evade the court is a misdemeanor in a misdemeanor case released on own recognizance (§ 1320(a)) and a felony in a felony case, whether the release was on own recognizance or bail (§§ 1320(b), 1320.5).
• Other orders in the case. A criminal protective order or other terms the judge added still apply while you are away. A DUI case may also carry DMV deadlines explained on the page about the 10-day DMV deadline.
• Citizenship and status. If you are not a U.S. citizen, leaving and returning while a case is open raises immigration questions this office does not answer. Read the page on how a California criminal case can affect a green card or visa, and speak with an immigration attorney before any trip.
• The destination. For Iran, the State Department's Level 4 advisory, the exit-ban warning and the absence of a U.S. Embassy all bear on whether you can be sure of returning for court.
• An open warrant. If a warrant has already issued, the Orange County court says to report to the Criminal Operations Department of the justice center that ordered it by 8:00 a.m., Monday to Friday. A person taken into custody on a warrant goes through the steps on the page about what happens between arrest and arraignment.

A worked example

For example, imagine a 52-year-old dual U.S.-Iranian citizen from Irvine charged with a misdemeanor DUI and released on his own recognizance. This is a hypothetical, not a real case. His next court date at the Harbor Justice Center is in five weeks. His sister calls from Shiraz: their mother is in the hospital, and the family asks him to come now.

He calls his defense attorney before booking anything. His attorney reads the release agreement with him: it includes his promise not to leave California without the court's permission (§ 1318(a)(3)), so a trip anywhere outside the state, let alone abroad, needs the judge's approval. They go over the court dates and what a missed date would mean, including a possible warrant and a separate charge if the absence is willful and meant to evade the court (§ 1320(a)).

His attorney also walks him through what the State Department publishes for Iran: Level 4, Do Not Travel; no U.S. Embassy; exit bans imposed on U.S. citizens; and Iran's refusal to recognize U.S. citizenship for dual nationals. The attorney does not tell him what Iranian law would do; that is outside this office's work. The decision is his. If he still wants to go, his attorney can bring a request to the judge with his dates, the hospital letter and his return ticket. Either way, the DUI case itself continues, as the DUI page explains. Readers who want to know who would be handling a request like this can read about Sourena Sarbazevatan.

Common mistakes with travel during a case

• Assuming a short trip does not count. The own recognizance promise is not to leave California at all without the court's permission (§ 1318(a)(3)), which includes a weekend in Las Vegas.
• Booking first and asking later. Nonrefundable tickets are not a reason the court has to accept.
• Relying on the bail agent's or a clerk's word. Permission to travel is the court's to give.
• Planning a return for the day before court. The State Department's Iran page points to FAA flight notices for the area and warns of exit bans; leave a margin.
• Forgetting immigration. A noncitizen with an open case should speak with an immigration attorney before leaving the United States.
• Staying silent after missing a date. Contact your attorney immediately; § 1320 presumes an intent to evade the court after a willful absence of 14 days.

What to do this week

1. Find your release agreement, bail paperwork or citation and read every condition.
2. Write down every court date and confirm them on the court's online case information.
3. Tell your defense attorney about any trip you have planned or might need to take, with dates and reasons.
4. Do not book, or put on hold, any travel outside California until your attorney has reviewed the terms.
5. If you are thinking about Iran, read the State Department's current Iran page on the day you decide.
6. If you are not a U.S. citizen, speak with an immigration attorney before any international travel.
7. If permission is granted, carry a copy of the court's order and plan your return with time to spare before the next date.

Frequently asked questions

Can I leave California at all while my case is open?

If you were released on own recognizance, you promised not to leave the state without the court's permission (§ 1318(a)(3)). If you were released on bail, check the conditions the court set and ask your attorney.

Who gives permission to travel?

The court. The release agreement speaks of leave of the court, so the request goes to the judge in your case, through your attorney if you have one.

What happens if I am abroad and miss a court date?

The Orange County court says a warrant may issue, a failure to appear charge may be added and posted bail may be forfeited. A willful failure to appear to evade the court is a separate crime (§§ 1320, 1320.5).

What does waiving extradition mean here?

The own recognizance agreement includes your agreement to waive extradition if you fail to appear and are found outside California (§ 1318(a)(4)). It means you have agreed in advance not to contest being returned to California.

What does the State Department say about dual U.S.-Iranian citizens?

It says Iran will not recognize your U.S. citizenship if you are a dual U.S.-Iranian citizen or have a claim to Iranian citizenship, and that dual nationals are among those at risk of wrongful detention.

Can this office advise me about Iranian law or my immigration status?

No. This office handles the California criminal case. Iranian-law questions need someone qualified in Iranian law, and immigration questions need an immigration attorney.

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in criminal defense and bail matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.