Legal Question in Criminal Law in California

Dear Lawyers.

PLEASE HELP ME OUT.

I am a USA Citizen and lived in San Mateo California in past and was working for united airlines. I have been set up by united airline management back in year 2002 for selling some upgrade certificates. I have been questioned by the San Mateo county police then and force to resign my work in return for my released which I did. I decided to leave USA for a while then to perhaps find a job outside of USA which I did. I moved to Thailand where I had some friends set up businesses and I join them there to work . I took my passport in many occasion to USA embassy to add pages and never had any problem until 2 years ago ( back in 2011 I think ) to renew my passport that I found out that there was a warrant against me in San Mateo. Unfortunately even knowing all the USA embassy staff and serving them in Thailand they couldn't help and denied giving me my passport and they advised me to go back to USA to clear my problem. Unfortunately financially I wasn't able to do that at that time and since I had other nationality I used my other passport and stayed here in Thailand. But unfortuanly my other passport does not get me anywhere and really am isolated from outside world and not even able to visit my families . At this point I am willing to face my problem and get my life back together. Please help me out to see what's my options. My questions are :

Since I have never officially been charged in court and never went to court for my case I can be qualified for the statue of limitation ? ( I didn't know or wasn't told they are going to take the case to court and I left a month after I was set up and questioned by police ).

What's my option to get my passport back ?

Can this case be dropped without me going to USA. ?

Please help me out to understand my situation. I have never been doing anything wrong and never had not even a driving ticket in USA. Never had any issue with police or court in life and this is the first case of my entire life. Please help.


Asked on 8/23/13, 1:36 am

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

As long as a warrant has been signed within the statute of limitations the statute is tolled and remains in effect indefinitely. As for getting your passport back you will have to ask an immigration attorney. If the warrant is for a felony you will have to come back to face the charges. If it is a misdemeanor you may be able to hire an attorney to appear for you.

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Answered on 8/25/13, 12:16 am
Terry A. Nelson Nelson & Lawless

Hire an attorney in San Mateo to help you handle the warrant, and follow his advice. On misdemeanor charges and warrant, an attorney can appear in court without the defendant being present. Unfortunately for you, if these are felony charges and warrant, the defendant must be personally present at every court hearing and appearance. That means you will have to return to the US to go to court, and you should come into the country through San Francisco or Oakland airport customs so that when you are arrested on the warrant, as you will be, you can be transported to the court more quickly than if you enter through a more distant airport.

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Answered on 8/26/13, 2:48 pm


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