QUESTION

What can my friend do if he has a warrant for not showing up to court because he was deported?

Asked on Feb 10th, 2011 on Criminal Law - California
More details to this question:
My friend has a warrant for not showing up to court but he did not show up. This is because after he did his 24 days in jail he got sent to immigration and he was deported. What can he do? Can he hire a criminal defense attorney in California?
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8 ANSWERS

Why does he want to do anything? Why pay a lawyer? What reason does he think he/she needs a lawyer for? If he/she has been sent back to Uzbeckistan or wherever they will not extradite him (couldn't be a very serious crime when he only got 24 days). So tell your friend to relax and save his/her money. Unless there is something I don't know aboutthe facts. If you want to you can give me a call and we can discuss the case. I had a case once where my client was an Australian who had overstayed his visa. No one cared until he got busted for a big pot case. He posted$50,000 bail ($5000 to a bail bondsman), went to Immigration and told them to deport him. They put him on a plane, they paid the air fare, and goodbye. When I got to court I explained that he had been deported. So the judge ordered the bail forfeited. Not so fast, your honor. It is not his fault he is not in court. He would LOVE to be in court. It is the fault of the United States Government. You might want to issue a show cause order to Immigration and hold them in contempt for doing this. That was the end of that.
Answered on Feb 16th, 2011 at 2:40 PM

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All criminal cases are fact driven. The answers here are general answers as to what you may expect from the information you have provided. Sometimes on the same facts, courts may come up with different results. Your friend can hire an attorney in California. Because of his deportation he will not be in trouble. He does need proof.
Answered on Feb 14th, 2011 at 9:13 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Yes, he can hire an attorney to represent him, who can appear in court. However, if this is a felony, the defendant must be personally present at every court hearing and appearance. If this is a misdemeanor, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. Any fines could be paid by mail. Jail time, if any, would create an obvious problem requiring defendants presence. If this is in SoCal courts, and hes serious about getting legal help doing so, feel free to contact me.
Answered on Feb 11th, 2011 at 12:58 PM

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Criminal Law Attorney serving San Francisco, CA
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I handle these cases all the time. He only gets in trouble if he "Willfully" misses court. If he missed court because he was the Federal Government deported him he should not get in trouble.
Answered on Feb 11th, 2011 at 9:13 AM

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Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
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Yes, he can hire an Attorney. There maybe little to do, though. It sounds as though you are talking about a felony conviction. An Attorney can try to facilitate communication between your client and the Probation Department, and he can report from another Country. His presence cannot be waived if the matter is a felony, however, unless he signed a 'Waiver of Personal Appearance' in open Court, so the warrant will remain until he appears (whether he is in the Country legally, or not). The Probation Department should have done their homework to determine whether or not your friend was deported, as the jail records would probably reflect an immigration hold, so that your friend could not bail out. See a free consultation with a reputable and experienced attorney in your area - one whose practice emphasizes Criminal Defense.
Answered on Feb 10th, 2011 at 9:43 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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He can hire an attorney to deal with this, but it would be a good idea to discuss the matter in a little more detail with an attorney about the conviction, whether he plans on coming back to the U.S. at some point, Was he convicted of a misdemeanor, or a felony? I am assuming felony, but would like to know for sure. Does he have prior convictions? etc. You can call me at 818-336-1384 to discuss further if you would like.
Answered on Feb 10th, 2011 at 9:13 PM

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Criminal Defense Attorney serving Westlake Village, CA
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He certainly has a good defense! He can hire a criminal defense attorney in CA to represent to the court what happened.
Answered on Feb 10th, 2011 at 6:28 PM

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Yes. Assuming it is a misdemeanor, an attorney can appear without him being present to recall the warrant, and may even be able to resolve the case without his presence. This would be done by submitting a notarized plead form signed by your friend at a notary overseas.
Answered on Feb 10th, 2011 at 6:13 PM

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