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can i leave the country if i have a warrant of arrest for estafa?

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jo.jose


Arresto Menor
does it mean that immigration has a lists of persons with warrant of arrest?
does it mean na automatic ba na may hold departure order if may warrant of arrest?
Pls enlighten. thanks.

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If there is already a warrant of arrest issued against you, it means that a case against you has reached the court.

Yes, the BI is furnished with warrants of arrest being issued and as a matter of course, these are being recorded with the BI. I don't think the BI will immediately arrest you when you are about to leave but definitely they will not allow you the get out of the country.

No, it is not automatic that there is a Hold Departure Order once a warrant of arrest is issued. But of course the private complainant can always request for its issuance.

sifone

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attyLLL


moderator
jo, before you make your "escape", you or your representative can verify with the Bureau of Immigration and check if there is any information about you in their database.


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pinay76


Arresto Menor
hi, i just want to ask if i can leave the country while i have pending estafa case? we have already paid the bail for this case and the hearing is ongoing .. but we intend to have vacation sana lets say sa hongkong (libre lang kasi).. hindi kaya ako ma-hold sa immigration? automatic ba na pag may crimincal case may HDO? thanks.

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zulfikarl


lawyer
It's not automatic. There has got to be an order.

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pinay76


Arresto Menor
thank you. what can be the basis of the order? is there a way we can check if there is an HDO for me?

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@pinay76

The private complainant through the prosecutor may ask the court to issue HDO. You can check with the Bureau of Immigration if there is one.

One thing more, be sure that there are no hearings scheduled during the time when you are out of the country because the court may order the forfeiture of your bond for non-appearance and you will be ordered arrested.

sifone

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jo.jose


Arresto Menor
Im sorry actually the warrant has been lifted already cause i have posted bail already and the hearing is on going. I have plans of working abroad to earn and be able to pay my debts. Can I leave the country without being hold at the departure if theres no hold departure order for me though I have a criminal case filed against me?

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@mang jose este jo.jose:

In my opinion, it's not a very good idea to be leaving the country while your case is still pending. Besides, the bail you posted is only for your PROVISIONAL liberty i.e. you are not actually a free man hence you must still appear during the hearings otherwise the court will forfeit your bail bond and you will be ordered arrested.

You could try to negotiate with the private complainant if he/she can accept a partial payment and undertake to make the full payment later. If he/she agrees, then you can move for a provisional dismissal of your case so that you may leave the country. But please bear in mind that your case could be revived any time before the dismissal becomes permanent once the complainant senses that you will abscond from your obligation.

sifone

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jo.jose


Arresto Menor
Actually I have tried that already but they didnt agreed. The offer for me to work abroad is only for 1 year and that will help me to pay my debts.
I intend to send my lawyer if there will be a schedule hearing during my absence.
Can I still leave the country and not be held at the immigration? Considering theres no hold departure order issued and no warrant of arrest for me though there a case filed against me?

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attyLLL


moderator
jo, you mention a lawyer. if you already have retained counsel, then you should discuss the matter with him. fyi, the complainant may also file an application to place you on the watchlist for 60 days and you will not be able to leave if you are listed.


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jo.jose


Arresto Menor
Sir, as of now I dont have a lawyer yet cause i cant afford it yet. I intend to have one, once I have accepted the offer to work abroad cause I know that I must be represented in case there will be scheduled hearing while Im away for a year. Is there a chance for me to go abroad and work so that I can settle my debts eventually? I have posted bail already and I have check in the immigration that theres no hold departure order for me.

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If the prosecution will not object or oppose your plan of going out of the country, then there is no problem. But are you not going to testify for yourself?

sifone

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attyLLL


moderator
jo, attend your arraignment. if you cannot afford a lawyer, accept to be represented by PAO. the case can continue in your absence, but note that if you leave without permission from the court and you are suddenly required to appear, your bail will be forfeited.



Last edited by attyLLL on Thu Aug 26, 2010 6:02 pm; edited 1 time in total (Reason for editing : typos!!!)


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jo.jose


Arresto Menor
Thank you sirs

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mjpedria


Arresto Menor
Hi guys, i'm wondering if you can help me.

My husband has a juvenile case (2001 15 years old when it happened, child abuse and it was a big misunderstanding) the case was provisionally dismissed Nov. 2010. Do you think he has a possibility of getting denied acquiring US visa?

Please help me. thanks so much,

Mrs. Lucky

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mjpedria


Arresto Menor
Hi,

Please help me with something. My husband's juvenile case is provisionally dismissed. Would that be a deal breaker? The case is child abuse (a very big misunderstanding 10 years ago). the complainant already gave her affidavit of desistance. Kindly give me some hope that everything will be alright.

Thanks so much,
Mrs. Lucky

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attyLLL


moderator
mj, is it on his nbi report?


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