leaving the country
I am writing you from San Jose, Costa Rica. My question pertains to a situation of a friend. He received a DUI in St. Peter, MN last week. He was taken to jail that night and participated in the urine analysis test. He recieved a minor consumption when he was in high school, but other than that he has a clean record. In December, he purchased a plane ticket to come and visit me in Costa Rica from April 4-18th 2001. First, I would like to know if it is legal for him to leave the country while this is going on. Second, I would like to know if in fact his court date is set for the time when he is supposed to be here in Costa Rica, is it possible to change that date. Third, I would like to know if in fact his court date is scheduled before he leaves, is it possible to delay his punishment until after he gets back.
2 Answers from Attorneys
Re: leaving the country
It is not illegal for him to leave the country. Continuing the arraignment hearing may depend on the county that the offense occurred in. In most counties a person will be allowed a short continuance. The most notable exception is Hennepin county which requires all DWI cases to be processed very rapidly.
Re: leaving the country
1. A person charged with a crime is generally not to leave the state or country while the charge is pending, but especially for misdemeanor allegations, most judges I've met, upon my request, would order pre-trial release conditions designed to accommodate reasonable requests involving planned vacations or work needs involving travel.
2. As for the court date, you'll have to ask him that. If he does not know, he can check with the court. Generally I have been able to help clients schedule a court date around a brief scheduling conflict.
3. Rather than focusing on delaying punishment, the first analysis should be whether the government has legally obtained evidence to support their allegation, and whether there is evidence of innocence-in-fact. This requires first fact-gathering and then legal analysis and litigation. If acquitted, there is no punishment. If convicted, work can be done to obtain the most lenient sentence possible, including the scheduling of jail time, if any.
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