Can I get a warrant for a deportee dropped? 1 Answers as of June 08, 2011Looking for very specific info... Deportee Bench warrant issued for felony charge - H&Ss11350. Are there any Supreme Court cases which bench warrants were dropped for deportee within past 10 yrs. Being they cant come back two US for court appearance? Please-looking for specific court cases. I not legal professional & need help with research. Please dont say ask for pardon. I workin with non profit law group. I doin research myself- dont have access to "westlaw." #two - Tryin to get deportee out of Mexico. Is there way for lawyer two block bench warrant from other countries seeing it on criminal history so they know deportee didnt flee? Please specific-has anyone had success in court with blocking certain criminal info internationally so person can get visa?
Nelson & Lawless | Terry Nelson
What you seek doesn't exist. You are asking a court for forbidden action, and are wasting effort thinking you can get a warrant dropped when its purpose is to catch and prosecute criminals if they try to enter the country, or get caught inside. Same with thinking you can block something on DOJ or INS records from view. Yeah, wouldn't that be sweet if a defendant could erase his record somehow just by asking nicely? Records, and warrants, are forever, and are there to provide notice to law enforcement everywhere in the world of the criminals history and warrants on which he can be arrested. You indicate he has both a felony criminal warrant, and a deportation order, both of which mean he would be arrested upon attempted entry to the US. Making matters worse, an attorney can not appear for a defendant on a felony warrant or at any court hearing without the defendant personally present. Since he is a deportee, not entitled to legally re-enter the US, he wont be able to get to court without breaking additional immigration and criminal laws. Doing so would simply annoy the judge in the criminal case. Catch 22. With all that said: for him to get the warrant and case resolved, he would have to have an attorney arrange with the DA in the felony case to have the defendant arrested voluntarily at the border and brought to court. At the same time, the DA and defendant would have to arrange to have INS allow him in for the purpose of arrest and transport to court. Since he would have an INS hold on him, he would not be allowed bail on the criminal charge, would have to stay in jail until the case was over, then serve any time sentenced on the case, then be deported again, at least this time without a warrant pending. He would not ever qualify for re-entry to the US with a felony conviction. There is no reason to think the judge and DA could be persuaded to dismiss the charges and warrant once they got him into court, but if he has defenses to the criminal charges, he can fight them. If he succeeds somehow, then he wouldn't have a conviction. The deportation order would still be in place, and he would be again deported after criminal court proceedings, unless he somehow could fight the INS system. For advice on that, consult an expert. Seems pretty pointless to hire counsel just to bring him in to potentially serve prison time when he can simply stay away, but if you're serious about doing so, feel free to contact me.
Answer Applies to: California