Can you leave the country with a warrant

Asked over 1 year ago - Fremont, CA

a few years back i had a warrant issued to me due to failure to appear in court for a third dui. i never took care of it and now i have emergency and have to fly back into canada. i am a permanant resident here but a citizen of canada. so i was wondering if there would be any complications to flying into canada?

Attorney answers (6)

  1. Greg Thomas Hill

    Contributor Level 20

    16

    Lawyers agree

    5

    Answered . I recently had a client picked up on a bench warrant trying to fly into Toronto, Canada, however, he was not a Canadian citizen. Years ago, this would not have been a problem. However, I think their computer system database now includes such information. I know that coming back into the United States may be a problem, despite being a permanent resident.

    Why not just have the warrant and the case addressed? Hire an attorney who can appear for you under so you do not have to appear in court. Court must allow attorney to appear without you (under Penal Code section 977) on a misdemeanor for such a recall. Bracher v Sup Ct. 205 Cal App 4th 1445.

    Yes, the third time DUI punishment is tough, but the case is not going to go away. Moreover, since several years has passed and it is a misdemeanor, you may have a viable "Serna Motion" to have the whole case dismissed based on a deprivation of your Sixth Amendment right to a speedy trial. Without knowing more facts about the case, it is hard to predict if such a motion would be granted, but it is something an attorney could look into and it might win.

    Get the bench warrant recalled as soon as you can and then go to Canada and return with no worries. It sounds like you already have a lot to worry about with the emergency there. Good luck.

  2. Mark Lawrence Deniz

    Pro

    Contributor Level 15

    17

    Lawyers agree

    Answered . As my colleagues have recommended.....clear up the warrant.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  3. John M. Kaman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . If you are a citizen you should be able to return despite the warrant but it would be better to hire an attorney to get it cleared up. If you were not a citizen of Canada the open case would keep you out of the country.

  4. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Flying out is the least of your worries. Entering Canada and re-entering the US may be problematic. I have had clients with warrants in Los Angeles County trying to enter Canada and they were detained. Clean it up before you go. A third DUI may be a misdemeanor, if so you won't need to appear in court if you retain an attorney. Good luck.

    www.YourCriminalDefenseLawyer.com
    for Fairness / for Your Freedom because sometimes good people find themselves in bad situations
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  5. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Getting into Canada should be no problem as he is a citizen. He must clear up bench warrant and deal with third DUI. A Serna motion might work in getting case dismissed.

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  6. Michael Anthony Hernandez

    Pro

    Contributor Level 14

    10

    Lawyers agree

    Answered . You should hire an attorney to clear the warrant.

    While you probably will not have any difficulty returning to Canada, you might be arrested when you try to re-enter the United States.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,582 answers this week

3,051 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,582 answers this week

3,051 attorneys answering