If my friend from trinidad leaves before sentencing to return to his country on a charge of rape, what will happen?

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If my friend from trinidad leaves before sentencing to return to his country on a charge of rape, what will happen?

He is charged with rape. they offered him a plea deal – 6 months in prison, then deportation. he has not accepted the deal yet and it has been strongly advised that he do so. if he accepts the deal then 2 weeks later sentencing will happen. what will happen if he accepts, pleads guilty, tries to leave the country and doesn’t show up for sentencing?

Asked on June 13, 2009 under Criminal Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

He will in all likelihood not be able to return to the Country anyway after his conviction and deportation. However, if he leaves as a fugitive he will run the risk of being caught elsewhere and extradited back to New York for the charge and it will be for longer than six months. I am not sure if Trinidad will extradite a United States fugitive but this is certainly a possibility and then he will run the risk of being picked up there, sent back to the United States and do a much longer sentence. Also, if there is bail on the file, he will forfeit this. The deal seems good for a rape charge and he should consider all options before deciding to live  life on the run  

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Is your friend out on bond?  Is he is out on bond and is not locked up before sentencing, then he can try to leave but if cought he will be placed in jail until the sentencing as he is a flight risk.  If he makes it out of the US good for him and he should never return. he is not going to be able to return anyway after his sentence.


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