Legal Question in Criminal Law in California
Can i get a passport and leave the country... with a warrant out for me in a different state?
3 Answers from Attorneys
Theoretically the US does not require exit visas. In practice, you need government permission to board an aircraft. It is also a federal offense to flee across state lines or international borders with the intent to avoid prosecution. You didn't say which court issued this warrant or how serious the underlying charge is. I would be guessing as to whether this warrant would prevent you from boarding an aircraft (so would you). There are ways to leave the U.S. without boarding an aircraft.
I doubt that a warrant would prevent you from having a passport issued, but applying for a passport might be risky in that you would have to provide the Passport Office with your address.
No. You will be arrested when you provide them your address, the same as when you come in contact with law enforcement anywhere, including border or airport security.
To properly handle a warrant, you must turn yourself into the court issuing the warrant, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the new �Failure to Appear� charge, negotiate bail or OR release, and then negotiate or take to trial any outstanding charges that caused the warrant. If this is a felony in CA, the defendant must be personally present at every court hearing and appearance. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.
Are you kidding?
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