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FiveStarLaw
FiveStarLaw, Lawyer
Category: Criminal Law
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Experience:  25 years of experience helping people like you.
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I had a warrant for a missed court date. I was out the country

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I had a warrant for a missed court date. I was out the country and arrested at the airport. At the time of my release and before my court that i had my passport with me. Until my lawyer called me about 2 weeks before court telling me he was traveling and that I should turn in my passport. Now im having a hard time getting it back in which he(lawyer) says im suppose to receive it. And now he has traveled again.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Welcome,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Either you or your attorney will need to petition the court for release of your passport.
This is typically done by filing a Motion for Clarification asking the court to clarify whether your passport should be released now that the matter has been resolved.

A motion for clarification is necessary when the written court order is confusing or does not address a specific issue. In this case you will be asking the judge to clarify what action should be taken regarding your passport.

Here is a link to a sample motion:
http://www.jud6.org/generalpublic/RepresentingYourself/Commonly%20asked%20for/Motion%20to%20or%20for%20local%20form.pdf

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 1 year ago.

It was said that since im on PTI my case is still open that if it was regular probation the case is closed and i can get my passport. my question is, is it possible as I'm a contractor that works in and out of the country. I've paid all the fines they gave me and completed the 50 hours community service also. And my sister is doing a destination wedding in london next month. My lawyer is no help and looking for new counsel for this matter.

Expert:  FiveStarLaw replied 1 year ago.

Yes it does appear possible for your passport to be returned. It sounds as if the return of your passport was simply omitted as an oversight in the prior court order. Typically on a PTI the return of the passport would be included in the order. Since the passport was not mentioned in the order, this unfortunately this means that you will need to go back to court to request your passport – I believe the motion for clarification would be appropriate
Customer: replied 1 year ago.

Last question, as I stated I'm not happy with my lawyer and looking for new counsel. Will it be advised to keep my lawyer for this passport issue or looking for new counsel if I don't feel comfortable. I don't mind paying for this passport issue. And does the paying of the fine in full and completing the community help in the case. Ive only been on PTI for two weeks

Expert:  FiveStarLaw replied 1 year ago.
Hi John,

Obtaining your passport should be a routine matter and it is likely that the reason your passport was not returned is due to an oversight by your attorney and/or the court. That said, if you are not comfortable with your lawyer I suggest that you retain a new attorney.
FiveStarLaw, Lawyer
Category: Criminal Law
Satisfied Customers: 36505
Experience: 25 years of experience helping people like you.
FiveStarLaw and 8 other Criminal Law Specialists are ready to help you

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