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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114063
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Customer Question

I resently was aquitted of a pot possession charge (felony) but as an afterthought right before the jury went out, the prosecuter ask for a mistimeanor pot conviction and got it. Right now I'm in appeal for the mistimeanor but the judge told me I can't leave the 48 states and wouldn't let me out of jail unless i surrendered my pass port. I told the pass port people what had happened and they sent me another pass port and said the county judge couldn't do that. (no Jurisdiction) My question is that if I left the country, could the county judge throw me back in jail for not staying in the 48 states?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
What passport people told you that? I assume you are not a U.S. Citizen? What country are you from?
Customer: replied 4 years ago.
i am us citizen with us passport. My case was in OKlahoma and I live in Florida,
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Ok. Let me transfer your question to our criminal law forum since your question ended up in our U.S. immigration law forum. Thank you for your patience.
Expert:  Law Educator, Esq. replied 4 years ago.
Yes, while the court cannot revoke a foreign passport as they could a US passport, they can indeed impose a restriction on you leaving the US while on probation and this is something your attorney needs to negotiate with the court based on your foreign citizenship status. If you leave without court approval it would be considered a probation violation and would result in a warrant being issued for your arrest and you could be sentenced to the entire original sentence for the probation violation and could also be charged with flight to avoid prosecution or escape and face an additional felony sentence.

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