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  1. #1

    Default Travel Abroad with an Active Warrant for a Misdemeanor Sexual Battery

    My question involves criminal law for the state of: California

    He has not been proven innocent or guilty, but criminal charges have been filed against him. He has hired a criminal defense attorney and the first court date is scheduled soon. He has been told by his lawyer that he will try to have the warrant dismissed and have the bail reduced to zero. Are misdemeanor sex offenses state or national offenses? Would an APB have been sent out with a warrant to alert all ports? I might add that he isn't fleeing, this is for a trip.

  2. #2
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    Default Re: Can My Friend Travel Abroad with an Active Warrant for a Misdemeanor Sexual Batte

    If there is an active warrant for his arrest, there is the possibility that he could be arrested at any port of entry. If there is an active warrant and he is trying to leave the country, it will certainly look like he is trying to flee the country to avoid prosecution. Your "friend" should really consult with his attorney PRIOR to trying to leave for his "trip." Even if he is not arrested and successfully leaves the country, if the prosecutor finds out about the "trip," there is the possibility of additional charges based on the appearance of fleeing. If your "friend" subsequently misses any court appearance, additional charges are almost assured.

  3. #3

    Default Re: Can My Friend Travel Abroad with an Active Warrant for a Misdemeanor Sexual Batte

    Quote Quoting PTPD22
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    If there is an active warrant for his arrest, there is the possibility that he could be arrested at any port of entry. If there is an active warrant and he is trying to leave the country, it will certainly look like he is trying to flee the country to avoid prosecution. Your "friend" should really consult with his attorney PRIOR to trying to leave for his "trip." Even if he is not arrested and successfully leaves the country, if the prosecutor finds out about the "trip," there is the possibility of additional charges based on the appearance of fleeing. If your "friend" subsequently misses any court appearance, additional charges are almost assured.
    I understand your use of "trip" and "friend" in that you have your doubts and that is totally reasonable. In his case (not mine), he would only be out of the country for a week or 2. He plans to buy a round-trip ticket as well and is planning to return. I told him to talk to his lawyer about it not me. I guess he was worried that his lawyer might think he is trying to flee and stop representing him? I also thought that misdemeanors didn't show up in the NCIC records because they are not considered high-risk. I also heard that misdemeanors have a county jurisdiction while felonies are state jurisdiction? I thought that only felonies showed up in airport records, but that could just be a myth?

  4. #4
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    Default Re: Can My Friend Travel Abroad with an Active Warrant for a Misdemeanor Sexual Batte

    Your friend should be talking to his attorney. Most likely their are conditions on his pretrial release (bail or not). If there's bona fide reason for the travel and compelling evidence that he will return for the subsequent court appearances, such is routinely approved. However things will not go well for him if he just leaves in violation of his release conditions.

  5. #5

    Default Re: Can My Friend Travel Abroad with an Active Warrant for a Misdemeanor Sexual Batte

    Quote Quoting flyingron
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    Your friend should be talking to his attorney. Most likely their are conditions on his pretrial release (bail or not). If there's bona fide reason for the travel and compelling evidence that he will return for the subsequent court appearances, such is routinely approved. However things will not go well for him if he just leaves in violation of his release conditions.
    My friend's lawyer was able to get his warrant recalled. Would a misdemeanor charge for sexual battery with a recalled warrant, no arrest, no probation still show up in NCIC?

    Would this type of misdemeanor be one that would show up in NCIC when his passport is scanned?

    My friend was never arrested and never had to give his fingerprints regarding this charge. He also never had to post bail. Will he still have trouble? We want to go on a trip abroad for a couple weeks, but he will definitely be back in time for an upcoming mandatory court appearance. His lawyer told him that his travel plans would not be ruined and that he wouldn't have trouble at the airport. Another lawyer said the same thing because he wanted a second opinion I guess. Does it seem like these lawyers are right about this?

  6. #6
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    Default Re: Can My Friend Travel Abroad with an Active Warrant for a Misdemeanor Sexual Batte

    If you had charges filed, you were defacto arrested even if they didn't haul you away in hand-cuffs.

    If the warrant was recalled, there's not going to be an issue.

  7. #7

    Default Re: Can My Friend Travel Abroad with an Active Warrant for a Misdemeanor Sexual Batte

    Quote Quoting flyingron
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    If you had charges filed, you were defacto arrested even if they didn't haul you away in hand-cuffs.

    If the warrant was recalled, there's not going to be an issue.
    Yes, that is what I thought too. My friend just worries too much. Thanks for the quick reply.

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