What can my friend do if he has a warrant for not showing up to court because he was deported? 13 Answers as of February 16, 2011

My friend has a warrant for not showing up to court but he did not show up. This is because after he did his 24 days in jail he got sent to immigration and he was deported. What can he do? Can he hire a criminal defense attorney in California?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
All criminal cases are fact driven. The answers here are general answers as to what you may expect from the information you have provided. Sometimes on the same facts, courts may come up with different results. Your friend can hire an attorney in California. Because of his deportation he will not be in trouble. He does need proof.
Answer Applies to: California
Replied: 2/14/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Yes, he can hire an attorney to represent him, who can appear in court. However, if this is a felony, the defendant must be personally present at every court hearing and appearance. If this is a misdemeanor, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. Any fines could be paid by mail. Jail time, if any, would create an obvious problem requiring defendants presence. If this is in SoCal courts, and hes serious about getting legal help doing so, feel free to contact me.
Answer Applies to: California
Replied: 2/11/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
He should hire an attorney.
Answer Applies to: California
Replied: 2/11/2011
The Morales Law Firm
The Morales Law Firm | Chris Morales
I handle these cases all the time. He only gets in trouble if he "Willfully" misses court. If he missed court because he was the Federal Government deported him he should not get in trouble.
Answer Applies to: California
Replied: 2/11/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If he is again in the country illegally and is arrested he could face serious federal charges for re-entering after a previous deportation. If he is now legally in the country, he should retain an attorney and attempt to set aside the warrant and any pending probation violation, if any. If he is not now in the country and cannot legally return it probably does not matter that a warrant is out for his arrest.
Answer Applies to: California
Replied: 2/11/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes, he can hire an Attorney. There maybe little to do, though. It sounds as though you are talking about a felony conviction. An Attorney can try to facilitate communication between your client and the Probation Department, and he can report from another Country. His presence cannot be waived if the matter is a felony, however, unless he signed a 'Waiver of Personal Appearance' in open Court, so the warrant will remain until he appears (whether he is in the Country legally, or not). The Probation Department should have done their homework to determine whether or not your friend was deported, as the jail records would probably reflect an immigration hold, so that your friend could not bail out. See a free consultation with a reputable and experienced attorney in your area - one whose practice emphasizes Criminal Defense.
    Answer Applies to: California
    Replied: 2/10/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    He can hire an attorney to deal with this, but it would be a good idea to discuss the matter in a little more detail with an attorney about the conviction, whether he plans on coming back to the U.S. at some point, Was he convicted of a misdemeanor, or a felony? I am assuming felony, but would like to know for sure. Does he have prior convictions? etc. You can call me at 818-336-1384 to discuss further if you would like.
    Answer Applies to: California
    Replied: 2/10/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    He certainly has a good defense! He can hire a criminal defense attorney in CA to represent to the court what happened.
    Answer Applies to: California
    Replied: 2/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Assuming it is a misdemeanor, an attorney can appear without him being present to recall the warrant, and may even be able to resolve the case without his presence. This would be done by submitting a notarized plead form signed by your friend at a notary overseas.
    Answer Applies to: California
    Replied: 2/10/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    He should hire an attorney. However, if he cannot afford an attorney, he needs to clear his bench warrant. He can do this by going to the clerks office and asking to get back on calendar. He then needs to appear in court to explain to the judge why he did not appear in court to clear the bench warrant. The warrant is not cleared until the judge says so.
    Answer Applies to: California
    Replied: 2/10/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Why does he want to do anything? Why pay a lawyer? What reason does he think he/she needs a lawyer for? If he/she has been sent back to Uzbeckistan or wherever they will not extradite him (couldn't be a very serious crime when he only got 24 days). So tell your friend to relax and save his/her money. Unless there is something I don't know aboutthe facts. If you want to you can give me a call and we can discuss the case. I had a case once where my client was an Australian who had overstayed his visa. No one cared until he got busted for a big pot case. He posted$50,000 bail ($5000 to a bail bondsman), went to Immigration and told them to deport him. They put him on a plane, they paid the air fare, and goodbye. When I got to court I explained that he had been deported. So the judge ordered the bail forfeited. Not so fast, your honor. It is not his fault he is not in court. He would LOVE to be in court. It is the fault of the United States Government. You might want to issue a show cause order to Immigration and hold them in contempt for doing this. That was the end of that.
    Answer Applies to: California
    Replied: 2/16/2011
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