Legal Question in Criminal Law in California
Traveling restrictions on pending 647(b)
I was recently arrested for a 647(b). I travel a lot for my work (who does not know...maybe yet). The arraignment is not for a couple weeks.
What worries do I have entering a country with the arrest pending? If I plead guilty to the 647(b)? To a lesser misdemeanor (like trespassing, disturbing the peace). If charges are dismissed altogether?
I hear entering Canada can be a headache? What about western europe? Japan? Australia? Other countries of note?
Thanks.
3 Answers from Attorneys
Re: Traveling restrictions on pending 647(b)
The mere arrest probably won't affect your ability to enter or leave other countries, unless the court has ordered you to stay in the U.S. pending trial. A conviction might bar your entry into some countries, but such decisions are made according to each country's laws. American lawyers (myself included) generally don't know how other countries view such things.
Re: Traveling restrictions on pending 647(b)
If you are an American citizen I do not believe you have anything to worry about. Mere fact of your arrest is not going to be used against you in any of the situations you are describing. In Canada, they turn away Americans who were convicted of a DUI in the States but I never heard there was ever a problem based on a single misdemeanor arrest in a pending case where there has been no conviction.
If you are not an American citizen, your concern should be what happens when you travel abroad and try to re-enter the U.S. The answer is a bit more complicated here because it depends mainly on your exact immigration status and your overall criminal record, if there is any. If you are an immigrant, you absolutely need to consult with a criminal defense attorney who is knowledgeable about how a specific criminal conviction might adversely affect your immigration status, before you enter any plea in your case. Alternatively, contact an immigration lawyer who knows this subject very well.
Feel free to contact me for a non-binding consultation.
Very best,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Traveling restrictions on pending 647(b)
Unless there were a warrant for you, or a conviction of a 'serious' crime on your record, there is no problem with travel anywhere. Conviction on this misdemeanor may affect your job, so if you are serious about getting legal counsel to help you in court, feel free to contact me.
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