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Can i leave the country before my misdemeanor court hearting and then come back ? ? ?

New York, NY |
Filed under: Immigration

I should be in court next month but i have to leave the country for 2 weeks due to a death in the family , mi not an American citizen , just here as a tourist

Attorney Answers 5

Posted

You should consult an experienced immigration and criminal defense counsel to advise you on this matter, Leaving the country and coming back on a B-2 is a tricky business. Good Luck!

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Posted

You cannot, absolutely cannot miss the court date. You will have a warrant for your arrest and then you will not be able to get a visa or be detained at the border if you try to get back. It is not wise to leave criminal charges hanging. I am sorry for your loss.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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3 comments

Asker

Posted

Thank you for replying...can i be represented by a lawyer in court or something because i cannot show up at the dated requested, it is in VA they wrote on the paper i could leave the state but never mentioned anything about country, i found the whole thing very odd for they didnt care much about what i said, i was visiting VA and got drunk in public, told them i didnt have a specific place i was living for i was a tourist but nothing i said mattered

Alena Shautsova

Alena Shautsova

Posted

You need to try to reschedule and close the case before you leave. Ask your lawyer to contact DA and talk about it. Also, personal attendance if required in criminal courts. Again, if anything, you need to talk to DA about the situation.

Asker

Posted

Thank you for the help, never had this happening to me before, scares me to death the whole justice, jail, court thing. I will try to get a public lawyer here in NYC to help me out. Thank you again to you and fellow Attorneys

Posted

it depends, you may have problems returning in order to attend the hearing

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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1 comment

Matthew L. Kolken

Matthew L. Kolken

Posted

You should parole you in to attend your hearing, the problem may be the issuance of an immigration hold, which could result in your behind taken into custody.

Posted

Immigration consequences for criminal convictions are very harsh and should be taken seriously. Consult and attorney. Do yourself a good deed.

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Posted

I handle situations like this all the time. If you are not a citizen you can be denied re-entry because of the pending case plus the court could issue a bench warrant for your arrest if you miss court and you would be taken into custody at the airport on your way back in. Hire a criminal defense lawyer as there may be something than can be done.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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