QUESTION
Is a US citizen able to obtain a passport if they have a pending Class A misdemeanor drug charge pending?
Asked on Feb 22nd, 2012 on Criminal Law - Georgia
More details to this question:
I want to know if a US citizen may obtain a passport even if they have a pending Class A misdemeanor drug charge pending.
12 ANSWERS
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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That is totally up to the issuing agency.
Answered on Jul 02nd, 2013 at 2:16 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Yes.
Answered on Jun 02nd, 2013 at 8:15 PM
3 Awards
Yes.
Answered on Jun 02nd, 2013 at 8:15 PM
Misdemeanors are classed as misdemeanors and gross misdemeanors. Felonies are classed as A, B, C and unranked so there is no Class A misdemeanor. I suspect you will be able to obtain a passport but using it is another matter. Canada, for example, will deny entry to anyone with a criminal history, including misdemeanors.
Answered on Feb 27th, 2012 at 2:45 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Unless the Court specifically ordered you not to leave the country you can legally get a passport. But if the judge finds out he could order you to surrender it. the only requirement is that you make all your court appearances. I had a client who flew in from Columbia every couple of months. Never a problem.
Answered on Feb 27th, 2012 at 1:00 PM
Jacob P. Sartz
Probably not, but I'd recommend you privately consult with an attorney regarding this matter. The first issue is the person's past criminal history. If they already have convictions for certain offenses, the answer will be no, regardless of the pending charge. While a person is presumed innocent until proven guilty, the court or federal authorities may be concerned that issuing that passport would allow the charged individual to flee the country. I suppose a mistake could occur and theoretically, they may not find that there is a charge pending. However, the bigger issue is the current bond order for the misdemeanor. If there is a family emergency and a person has to travel out of the country, they may be able to get permission from the court, apply, and get a passport, assuming they were otherwise eligible.? Generally speaking, if a person is on bond, they should request permission from the court if they are making any plans to travel out of the state. I'd recommend you privately consult with a lawyer regarding this matter. Ultimately, it depends on the circumstances.
Answered on Feb 27th, 2012 at 12:59 PM
Roianne Houlton Conner
Yes you can apply and receive a passport with a pending misdemeanor.
Answered on Feb 27th, 2012 at 12:46 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I would say yes, he can.
Answered on Feb 27th, 2012 at 12:45 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Probably not. You can try, at the risk of the agency notifying the court of your attempt and having the court revoking your OR or bail.
Answered on Feb 27th, 2012 at 12:07 PM
Yes. Passport has nothing to do with criminal matters. The only scenario where it would matter is if the Judge, as a condition of bail, asks to hold your passport. Even then it would have no relation to whether a passport gets issued to you by the Feds.
Answered on Feb 27th, 2012 at 12:00 PM
Criminal Law Attorney serving Salem, NH
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Law Office of Patrick E. Donovan, PLLC
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I believe so yes.
Answered on Feb 27th, 2012 at 11:55 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Do you mean "Class A felony charge"? There are misdemeanor charges and gross misdemeanor charges. There is no class A misdemeanor charge. If you have a felony charge, it is highly unlikely that you will be able to obtain a passport.
Answered on Feb 27th, 2012 at 11:48 AM