I remember Bobby Fischer (one of the greatest Chess Prodigies of the world) was arrested when he tried to leave Japan on an expired Passport. He was convicted of a felony in absentia (I think that is the word). My question(s) are this.
a) If you are convicted or have an arrest warrent for a misdemeanor and you apply for (or renew) a passort will they keep the passport?
b) If you are convicted or have an arrest warrent for a fellony and you apply for (or renew) a passort will they keep the passport?
The reason I ask this is because I heard lots of Americans leave the country to avoid prosecution and I wonder how they stay out of jail if their passports have expired and they cannot renew them. Yes, if they marry and get citizenship not a problem. but, what if their passport is about to expire. So, please answer the 2 questions for your 10 points. Thanks!
2006-10-03 21:28:25 · 4 answers · asked by The Ultimate Nerd 4 in Politics & Government ➔ Law & Ethics
Good question. Think of the Agee case. http://supreme.justia.com/us/453/280/case.html It concerned exactly that issue.
As for Bobby Fischer, who ws arrested at Narita Airport for trying to use a revoked US passport legally issued to him (but the revocation of which he may never have had actual notice). He was charged with violating sanctions against Serbia for playing a commercial (i.e. professional) match there. Apparently he could not be extradited, and another country was willing to take him.
From the Wikipedia report: "celandic authorities granted him an alien's passport. When this proved insufficient for the Japanese authorities, the Alþingi agreed unanimously to grant Fischer full citizenship in late March for humanitarian reasons, as they felt he was being unjustly treated by the U.S. and Japanese governments. Meanwhile, the U.S. government filed charges of tax evasion against Fischer in an effort to prevent him from traveling to Iceland."
Tax evasion is almost never an extraditable offense, unless it can somehow be converted to a charge of fraud, as was done by Britain in the Ian Leaf case (extradition from Switzerland) http://tinyurl.com/q28wh
The USA tried for years to extradite Marc Rich for tax evasion and Iran sanctions busting; he was born in Belgium and had Spanish nationality and was living in Zug, Switzerland. He had to be careful where he traveled; after Clinton pardoned him he could still not go to the USA (New York State could lay tax evasion charges against him since a federal pardon doesn't affect state cases) but he could now travel around Europe.
The bars of Asia and Latin America are full of deadbeat dads whose passports have been revoked. Many are able to get local passports; there are still quite a few countries corrupt enough to sell their citizenships to anyone with money.
Addendum: you say he was "convicted of a felony in absentia". The USA does not convict anybody in absentia unless the defendant was there at the start of the trial and then fled. A foreign conviction in absentia is usually, but not always, triable de novo (over again from the beginning) when the fugitive is caught. Some extradition treaties require a re-trial.
2006-10-03 22:24:03 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Many Americans do, thats why we have "Federal Marshals" to go and bring them back to justice, usually they get "POPPED" at the airport, never getting close to getting on the plane.
2006-10-03 21:37:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
i think you have to have a passport to be convicted of a felony, period.
2006-10-03 21:30:29 · answer #3 · answered by Anonymous · 0⤊ 1⤋
im not sure but i would like to know also
2006-10-03 21:31:36 · answer #4 · answered by Aaron m420 4 · 0⤊ 0⤋