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Can I leave the country with DWI charges pending?

Ogdensburg, NY |

I was arrested for DWI felony, but still going through courts and haven't been convicted of anything yet. Next court day is June 20th 2013. I had planned on going on vacation to a mexico resort, am I able to go?

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Attorney answers 3


Assuming the court didn't impose travel restrictions (and they usually don't) you can go. The issue is whether you can re-enter. If you are a US citizen there is no problem. If you are not a US citizen there could be a problem as an immigration officer has the discretition to deny you re-entry.

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 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.


Check with your attorney.

If you are in a pre-trial release program, there may be a restriction on you leaving the jurisdiction. But your attorney is the best source of reliable information.

Christopher Simser
Anelli Xavier
269 West Jefferson Street
Syracuse, NY 13202


Limited to the facts you gave, yes.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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