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Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 101346
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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One relative of mine has been summoned in court in

Resolved Question:

Hello,
One relative of mine has been summoned in court in USA.Can she leave the country before court?Thank you.
Submitted: 1 year ago.
Category: US Law
Expert:  Alice H replied 1 year ago.
Good evening. Is your relative presently in the UK or US? Is she a UK citizen?
Customer: replied 1 year ago.
Good evening.She is in US.Romanian citizen married an US citizen.
Expert:  Alice H replied 1 year ago.
OK. I am based in London and you need a U.S. lawyer. I will have your question moved to the right person.
Customer: replied 1 year ago.
Thank you.
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. She can indeed leave US before coming to Court. However, the following may be the consequences: a) If she is a Defendant in a civil suit, the Plaintiff will likely get a default judgment against her.b) If she has been subpoenaed as a third party in a civil suit, then there is really little practical consequence if she leaves jurisdiction, but in some cases aggressive plaintiffs/defendants can get a WRIT ordering that she be picked up and brought to court if she refuses. If she ever wants to come back to USA, this may be an issue.c) If she has been subpoenaed as a third party in a criminal suit, then the prosecutor can issue a warrant if she does not show, meaning that she may be arrested if she ever comes back to USA and brought before the court to testify.d) If she is a Defendant in a criminal case, then if she absconds, a warrant will be issued for her. If she ever attempts to enter US again, she would likely be arrested and brought before the Court to stand trial. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 year ago.
She went into a parking site and offered oral sex in exchange for money.The driver reported her.What are the consequesces in this case please?Also.She is married with an american citizen, 2 kids.She is not living with him from about 1 year ago.What happends if she leaves without telling the husband.
Thank you for you answer.I will rate you 5 stars.
Expert:  Ely replied 1 year ago.
So she is charged with prostitution or public indecency, I am guessing. I would need to know what state this happened in, in order to tell you what she would be facing. If she leaves now before the court matter is over, a warrant will be put out for her name. She will not be able to reenter the USA without being arrested and brought before the Court to stand trial for the original charges. There is no statutory limit for the warrant. As for leaving with the kids - I would need to know what state this is in, please.
Customer: replied 1 year ago.
She is in Marriland.She will not leave with the kids.The kids live and will stay with the husband.
Also.If i want to ask more questions at a later date, can i speak with you again?
Thank you.
Expert:  Ely replied 1 year ago.
Thank you. Indeed, at any later date, feel free to simply open a new thread with "THIS IS FOR ELY ONLY" in the beginning and it should get to me. She can face up to 10 years in prison if convicted, although if this is his first criminal charge, this is very unlikely and she is more likely to get out with time served (no incarceration) and/or a fine. She does not have to inform the husband if she wishes to leave. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely, Lawyer
Category: US Law
Satisfied Customers: 101346
Experience: Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other US Law Specialists are ready to help you
Customer: replied 1 year ago.
I dont know exactly if she has other charges. I assume that she can get a lawyer when she goes back to US and she can deal with the charge when the time comes.Other than the warrant, how she will be affected if she doesnt go back in time for court, please?
Thank you.
Expert:  Ely replied 1 year ago.
Just the warrant. But this would mean the inability to travel to USA without getting arrested. Also whatever plea deal the prosecutor may offer is unlikely to be on the table if she absconds and comes back later on. Also if she plans to fight the charge, running makes her seem more guilty.
Customer: replied 1 year ago.
Oh.I forgot to ask.She doesnt have a valid passport now.She will have to go to the Romanian Embassy and ask for a via paper.Will the Embassy stop her?Or she could be stopped at the airport?
She is not running.She has to go in Romania to visit her old ill mother.So she doesnt know if she will be able to go back in time.
Expert:  Ely replied 1 year ago.
The Romanian embassy is not likely to care about her pending criminal charges in issuing her a passport. She is unlikely to be stopped at the airport. However again, if she leaves the country before dealing with the criminal charge, then this would be a lot worse when/if she returns.
Customer: replied 1 year ago.
Well, i will inform her of everything, and she will decide.
Thank you very much for all the answers.
I will come back to you when/if i have more questions.
Expert:  Ely replied 1 year ago.
You are most welcome. All the best.
Customer: replied 1 year ago.
Hello.I think i confused myself and didnt explain properly.What i meant is if she leaves us but comes back in time for court what would be the consequences.Would that count as her trying to run, if she goes back in time? Or everything would be dealt with as she never left?
Please let me know if i need to open another thread for this question.
And what if i have more questions on the same related subject?
Thank you.
Expert:  Ely replied 1 year ago.
She needs to check her bail then. The bail may restrict her from travel outside the jurisdiction. If so, she cannot travel or a warrant MAY BE issued for her arrest for doing so, even if she returns in time for the court date. If she must travel and such a restriction exists, she needs to get permission from the Court first by filing a MOTION with the court and having it heard, asking to travel for good reason.
If she has no such restriction, she can travel as long as she comes back in time for the court date.
Customer: replied 1 year ago.
Thank you very much for answering.I will probably need to ask more questions in the near future.I will ask for you if thats ok.Thank you.
Expert:  Ely replied 1 year ago.
No problem at all.

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