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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23803
Experience:  20 years trial experience in defense of criminal cases
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My question is, if one has a felony charge and left the country,

Resolved Question:

My question is, if one has a felony charge and left the country, can more charges be pressed after the return because of fleeing?
Also, can a lawyer be hired and act in the name of the defendant before the return, and if yes, can a plea charge be entered by the lawyer before the return?

Thank you.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Pro replied 10 months ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Fleeing and Eluding simply means you flee the scene of a crime to elude a Police Officer.

Did that occur?
Customer: replied 10 months ago.

Yes, my son left the country.

Expert:  Law Pro replied 10 months ago.
OK, he left but didn't flee the scene of the accident and elude police officers at that time - correct?
Customer: replied 10 months ago.

He was not involved in an accident. The charge against him is growing marijuana with intent to sell, and he left the country when someone discovered the plants and called the police. The charge was posted 6 days after that.

Expert:  Law Pro replied 10 months ago.
OK, then he can't be charged for fleeing and eluding.

The problem is - there is no statute of limitations after the warrant of arrest has been issued.

Once an arrest warrant is issued, it has no statue of limitation... meaning it will never expire.

Law enforcement has x number of years to issue the warrant (decide to take out charges) depending on the state. That is where the statute of limitations comes into play in your son's case.

But since they have already issued the warrant - it now will continue indefinitely.


But under the circumstances you described - no, although he left the country - he will not face additional charges for doing so.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

I wish you the best in the future.


Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23803
Experience: 20 years trial experience in defense of criminal cases
Law Pro and 6 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.


Thank you fr your answers.


 


My other questions from the original note were, if a lawyer can be hired and act in his behalf before his return, or if he needs to return first before we can try to work out a plea bargain.


 


Thanks again.

Expert:  Law Pro replied 10 months ago.
Regretfully, no.

Yes, an attorney would be able to arrange and negotiate a plea deal and when and how he would turn himself in. However, the attorney couldn't actually represent him and enter a plea on his behalf - he has to be personally in court himself for that.

Customer: replied 10 months ago.

That raises another question for me. Is there any guarantee that when he turns himself in the plea deal will be the same, or can the deal still be changed by the prosecutor or judge at the time of his return.

Expert:  Law Pro replied 10 months ago.
Regretfully, the judge DOES NOT have to accept the plea deal if they don't want to. However, they usually always do.


The DA is bound by the plea deal - but not the judge. The judge has the discretion.

Plea bargain - the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval.


Plea bargaining can conclude a criminal case without a trial. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant. In this agreement, the defendant agrees to plead guilty without a trial, and, in return, the prosecutor agrees to dismiss certain charges or make favorable sentence recommendations to the court. Plea bargaining is expressly authorized in statutes and in court rules.

Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23803
Experience: 20 years trial experience in defense of criminal cases
Law Pro and 6 other Criminal Law Specialists are ready to help you

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