Does the set below fall into crime category? Please specify...

Asked 11 months ago - Chicago, IL

Accused faced the charges of Felony in State court. He was bonded out, therefore he anticipated the forthcoming State Court hearing. Accused surrendered his US passport that was one of the court orders regarding bond. At the bond hearing an accused asserted to the Judge, that he held only US citizenship. In the very short period of time upon below described resulted in his mentally deficient state of mind, the accused have turned to his prior country of origin embassy located in US, whereas he found out that he still hold the citizenship thereof, thus he received a one way temporarily traveled document.

Additional information

an accused have bought an airline ticket and left oversee before the forthcoming court date. He hoped that he would visit my mother and would assure her that everything would be OK , therefore he hoped to prove the innocence. The accused had NO INTENT TO ABSOND JUSTICE. He acted only with the purpose to visit shortly his sick mother, though such decision was not reasonable, because of mentally deficient state of mind. Unfortunately, his mother health condition was bad and she would not stand if his son would leave for US at that time. The accused did not return to the US, and a bench warrant was issued. The essential criminal charges is pending, upon several inquires it turned out not feasible to locate other charges hereof..

Attorney answers (6)

  1. Judy A. Goldstein

    Contributor Level 20

    10

    Lawyers agree

    Answered . Your question is confusing. The "crime category" is whatever the person is charge with. Leaving the country and failing to appear in court results in a warrant and bond forfeiture. "The accused" needs to refrain from further discussion except in private with an experienced criminal defense attorney. Visiting a sick parent and mentally deficient state of mind are not defenses to violating conditions of bond..

  2. John M. Kaman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    1

    Answered . Is there a question? Whether the accused had the intent to return or not he had no right to leave the US. That should be obvious from the fact that his US passport was taken. If he wants to return here to try to clear it up he will probably be stopped at his port of origin. Time to lawyer up.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    9

    Lawyers agree

    Answered . No matter how many times you phrase the same issue in a different way, the issue remains the same: several charges are warranted in the above situation. Here is what you are doing, you are attempting to find internal rationale to possibly committed crimes, when you have to find a good attorney.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Kevin H. Pate

    Contributor Level 20

    8

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . The accused has now incurred more than the original charge. At a minimum he will face a failure to appear charge. There is a potential at least for a perjury charge based on advising the court he held only US citizenship but then traveled out of country under other citizenship.

    Yes, it is definitely time to lawyer up.

  5. Stephen F Wallace

    Contributor Level 19

    7

    Lawyers agree

    Answered . Citizenship here is not the issue, but attempted flight is. Mental deficiency is not the way to fight flight. There must be a lawyer representing the accused somewhere in this debacle.

  6. Raymond George Wigell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . I agree with my Avvo colleagues. Consult and retain an experienced federal/state criminal defense lawyer in your jurisdiction.

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be... more

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