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If I was accused of a criminal act with a promise to appear…

Customer Question
If I was accused...

If I was accused of a criminal act with a promise to appear date but no charges filed and no finger prints taken am I allowed to leave the country as long as I am back before the appear date?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

British columbia canada

Lawyer's Assistant: Has anything been filed or reported?

Yes

Submitted: 7 months ago.Category: Canada Law
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Customer reply replied 7 months ago
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1/14/2018
Lawyer: Ulysses101, Lawyer replied 7 months ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,757
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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Hello, thank you for the question. I think we need to clarify what's going on.

You say you've been accused of a crime, but no charges files. And yet you have a promise to appear?

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Customer reply replied 7 months ago
The evidence is being presented to the crown court and they will decide whether or not there is enough is enough to charge me with something
Customer reply replied 7 months ago
no charges have been filed but something has been reported
Lawyer: Ulysses101, Lawyer replied 7 months ago

How do you have a "promise to appear", unless you've been arrested or charged?

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Customer reply replied 7 months ago
I was arrested but released with a promise to appear. I have not yet been charged with anything
Customer reply replied 7 months ago
I guess the answer is charges have been filed but I have not yet been charged and will not know if the case will go to court or not until a date about a month in the future
Lawyer: Ulysses101, Lawyer replied 7 months ago

A "promise to appear" is what you're issued when you get a ticket, or are arrested, or something.

My point is that if you are compelled to attend criminal court at a certain date in the future, that you've already been charged. The police can and usually do lay charges, although it is indeed up to the Crown Attorney to decide which charges it is going to pursue.

Check your paperwork again. If you can scan and attach it, or take a clear and bright picture, that would help.

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