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Can you get extradited from another country such as the Philippines for an aggravated DUI warrant misdemeanor in the US.

Polson, MT |

I have already been convicted of a DUI once before. This will be my second if convicted and this one is an Aggravated DUI. Basically i got stuck in the snow and was arrested at a gas station after a witness called the police saying they saw me walking from the car. There was no damage to anyone or anything but I am facing up to 1 year in jail from the Aggravated DUI and Obstructing a police officer (said I wont ID myself until I have been provided a reason and charged with obstructing for that and that alone.) My question is obviously I have 0 intensest in being treated like a murderer for getting my car stuck in the snow after leaving my own birthday party drunk. If I where to go to the Phillipines with my gf and start a business there would I still be in danger of being extradited.

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Attorney answers 3

Posted

Technically probably yes, but the Justice Department is not going to expend the resources involved in extraditing you from another country for such a small offense. The specifics are governed by the extradition treaty between our two countries, of which I am not familiar. However, the justice department is not going to pay its lawyers to fight to extradite you and then pay the US marshals to have you transported back in custody.

Asker

Posted

Thanks for your answer Charles. My next question is about Warrants. Is leaving the country before the case has been finished better than waiting to see if I am convicted and then leaving before I check into the jail? I read that if you are convicted and then leave, that warrant will never expire. But if you leave before the case has finished that its possible the warrant will only stand for 7 years. Is this true? or will both scenarios have a warrant that will always stand until I return to the US?

Charles Patrick Greenwood

Charles Patrick Greenwood

Posted

Any type of warrant will remain effective forever unless the judge erases it

Posted

You would have to ask a lawyer from the Philippines what their extradition laws are with the U.S. An active warrant, regardless of seriousness could get you deported. Instead, you may want to think about the rest of your life, and running away from this. Instead, investing some money into a good DUI defense attorney may be well worth the rest of your life. Our firm handles Ag DUI charges in Polson. Why don't you give us a call for a free consultation to see if we can help you.

licensed attorney in Montana. Your specific state laws may be different.

Charles Patrick Greenwood

Charles Patrick Greenwood

Posted

I would take Mr. Judnich up on his generous offer. There's no downside to finding out what your legal options really are.

Posted

So, you think you can move to the Phillipines and start a business and not have to face the criminal charges? You should face the charges, not think of fleeing to avoid them. Get counsel.

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