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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16369
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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While renewing a passport I was called by the DOS twho told

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While renewing a passport I was called by the DOS twho told me my passport was denied due to an outstanding felony assault warrant from 20 years ago. I was not aware of this as I have worked for the same company for over 20 years, had my passport renewed several times, traveled the world on busiiness often and even was stopped for speeding once. I am 62, retired and disabled. I hired a atty who got a copy of the warrant. It was issued by a upset girlfriend many years ago without me knowing since I would not support her habit. She threatened to make life difficult and did, but I never knew. The atty after taking an affidavit from the woman had the warrant dismissed and I received my passport. Now the atty (MA) is telling me that I have to go to court and settle this before a judge. I already paid him substantially, but wants more to handle the case. The woman will not testify against . Why do I have to go to court? The warrant is dropped, can I get arrested? What if I don't go?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hello,

It appears that although the lawyer was able to get the warrant vacated, the old case against you is still pending. If that's so, you're going to have to return to court on the date you were given so that a new warrant won't be issued against you.

If i had to guess why it all couldn't be done at once, I would say that the prosecutor needs time to order a 20 year file to be retrieved from archived cases and delivered to him. He's not going to dismiss a case without seeing the file first. And, the type of case that it is here, is one that is in the public limelight.

This case will eventually be dismissed, as I'm sure the complainant has moved on with her life and they can't make out this kind of case without her. But until the prosecutor is willing to concede that, it lookes to me like you will have to put up with the inconvenience. Hopefully, it will be dismissed on the date you come back, or that under the circumstances, the judge will set one more long date and pitch it the next time if the complainant is still uninterested in further pursuing this.

___________

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

Customer: replied 4 years ago.
I live on very limited retirement disability and cannot afford atty fees and travel costs to Massacusetts. I live in Florida. If I travel to Boston can I represent myself? Will I need to turn myself in and spend time in jail awaiting a court hearing? Or can I call the prosecuter's office and make arrangements for me and the complaintant to show up on a certain day. If I go up there I will probably stay at the complaintant's home by invitation. How can the complaintant and I take care of this ourselves to save money?
Expert:  Zoey_ JD replied 4 years ago.
Hello,

Normally, I don't suggest that people represent themselves on criminal matters. There's a reason why we all have a Constitutional right to an attorney when we're a criminal defendant. And normally, I would tell a defendant not to contact a prosecutor directly either, since he might inadvertently make admissions that can be used against him. But under these unusual circumstances, I think a call to the prosecutor would be perfectly in order. If the prosecutor would require that the complainant be present and formally drop the charges against you on the record to get rid of this, then he can let you know. He can also let you know whether he'd be asking for bail if you come in. If he says yes, then I think you would do better with representation.

Call the prosecutor's office, give your name and speak specifically to the one who has been assigned to take care of this case, so that there's no misunderstanding as to what will and won't be expected of you when you come back.

Good luck!

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16369
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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