What will be the effect ifI don’t facecharges filed against me and leave the country?

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What will be the effect ifI don’t facecharges filed against me and leave the country?

I had a fight with my roommate; then she complained to the police. Both of us got bruises and went to doctor but she is the one who file a case against me. Since I’m due for vacation I made a decision to go back to my country and decided not to come back because I’m afraid what effect this might have on my Canadian visa application. What should I do?

Asked on January 18, 2011 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you fail to appear in court to answer the charge, a bench warrant for your arrest will be issued.  At that point you will be subject  to arrest.  Considering the charge, you wouldn't be extradited from the country where you are now.  However, the Canadian authorities will in all likelihood turn your criminal history (the offense and outstanding warrant). 

At this point, you should hire a criminal law attorney in CA and discuss your situation directly with them.  If you haven't already missed your court date - don't.  But if you have, once again consult with a defense lawyer in the local area where all of this occurred.  Until you do not only will your Canadian visa application be affected, but you'll never be able to return to the US (at least not without being arrested).  The fact is that if this is your first-offense, you may be able to get a special probation which could leave you with no jail time and, more importantly, no criminal record.


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