My husband was arrested in 1994 on three felony charges. He never saw a judge and was deported instead

Asked over 1 year ago - Bakersfield, CA

A warranty was issued three years later. He found out of the warrant after initiated his green card. Can he still be charged?

Attorney answers (3)

  1. Andrew Joseph Bouvier-Brown

    Contributor Level 13


    Lawyers agree

    Answered . Sorry to be unhelpful, but frankly, he's going to have to discuss this with an attorney, for sure. There's just no shortcut or easy answer to this question. The issue is not so much whether he can 'still' be charged-- it may well be that he was charged all those years ago, and that at least technically stops the clock running on a statute of limitations. That's NOT to say that they'll still be able to prosecute your husband, but it would still certainly muck up the immigration process. Which means he's going to need a criminal attorney without any doubt. If a criminal process was started (and if a warrant issued, it probably was, though that's not a certainty) it's going to take an attorney to clear it up in an expeditious fashion.

    Any answer provided on Avvo, including this one, is a general answer about a legal question, not specific legal... more
  2. Nicholas Maurice Rosenberg

    Contributor Level 14


    Lawyers agree

    Answered . I recommend going to the Clerk of the Courthouse where he was going to appear and print out the docket, which is the list of all dates and what happened, and then take it to a local criminal attorney to see what the options are - there may be more than one issue lurking in this case history. The docket will greatly assist any attorney and remove guesswork and lead to more helpful answers. good luck.

  3. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . Not an immigration law question.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more

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