Legal Question in Criminal Law in California
y question involves a warrant from the State of California. I am currently located in China I started a school here teaching English 1 year ago.
My passport needs to be replaced, I have done some research on the internet and found conflicting information. Some information states the passport CAN be replaced as long as the warrant is a bench warrant not an arrest warrant.
Other information says that customs will issue a travel document that will only allow me to return to the US. I have also found information that people have received NEW passports while residing in the US with Warrants.
My question, is it possible to renew/replace a passport with an existing bench warrant?
As a side note, is there a difference between an arrest warrant and a bench warrant?
I know I should return to the states to absolve this problem however my business is very new and if I am forced to return now my business will fail. Within 6 months my business will be stable enough for me to return and remedy this problem. However returning now is detrimental to the success of my company.
1 Answer from Attorneys
A warrant is a Warrant is a Warrant. 'Bench' and 'arrest' are the same thing. If the warrant is for a misdemeanor crime, not a felony, your attorney here can appear without you being personally present, and he could get the warrant withdrawn, 'deal' with the charges, negotiate a plea bargain, or set the matter for trial. He can file any Motions that may be available to try to get the charges dismissed or reduced. Only if there is jail time or program attendance required by a plea bargain,, or sentencing after trial, would you have to return here to comply. IF instead the warrant is for a felony, you must be personally present at all court appearances. If this is in Southern California courts, and if you are serious about hiring counsel, feel free to contact me. With an arrest warrant outstanding, you might be able to get a passport and vise, but you would be arrested upon arrival at the airport, and transported to jail and court in handcuffs.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
