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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-17-2008, 05:35 PM
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notice of hearing&summons to appear


What is the name of your state? washington

my husband is deported last month to his country, last week
he receive a court date for 6/24/08 in u.s. can i represent for
for him to asked the judge for extensions for further notice?
or asked the judge not to issue a warrant?
  #2  
Old 06-17-2008, 06:27 PM
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unless you are an attorney, you cannot represent him in court.

what you need to do, to start with, is call the court clerk and explain to them he was deported and obviously cannot appear as demanded. They may allow you to show proof of this to the court or judge so the case will be put on hold until such time he can attend.

If they won;t let you do this, you may have to either hire an attorney for him (he will need to be available by phone to the attorney) or just do nothing and let them do whatever they will (not a good idea)
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  #3  
Old 06-17-2008, 06:32 PM
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Quote:
Originally Posted by beltranlillian View Post
What is the name of your state? washington

my husband is deported last month to his country, last week
he receive a court date for 6/24/08 in u.s. can i represent for
for him to asked the judge for extensions for further notice?
or asked the judge not to issue a warrant?
You can try to contact the DA prosecuting his case and see if he's willing to grant you're husband an extension, or dismiss the case pending a deportation hearing. But it sounds like that hearing has already taken place.
You do realize, that when someone is deported, it is usually permanently. Coming back or trying to re-enter the country is breaking another law all in itself.
So what are you going to request, an extension until some coyote gives you the high sign?

Now if he's not supposed to return, the DA may go ahead and request the court issue a warrant so that if he does return, he will be facing multiple charges. This would be a good incentive for him to stay in his own country. It would also be a good reason to deny his citizenship if that's what he was hoping for.
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