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Category Archives: Fugitive

What You Need To Know About Gun Laws in the US The United States Constitution, through its Second Amendment, guarantees the right of Americans to bear arms. The right to own a gun, however, is not absolute. There are laws—both state and federal—that cover and limit the ownership of firearms. Here are some facts that […]

Anon on the run: How Commander X jumped bail and fled to Canada One fugitive’s epic tale. by Nate Anderson – Dec 11 2012, 8:25am PST   “You scared?” asks the fugitive in the camouflage pants as he sidles up to our pre-arranged meeting point in a small Canadian park. He wears sunglasses to hide his eyes and a broad-brimmed […]

A client that is seeking to flee the jurisdiction must be advised of the consequences of flight — including being tried, convicted and sentenced in absentia and losing all appellate rights under the fugitive disentitlement doctrine.  See In re Ivker, BD-2004-034 (Mass. 2004): “While helping a client concoct perjurious testimony is a direct fraud on […]

The fugitive disentitlement doctrine is discussed in detain in the case of People v. Kang (2d Dist. 2003) Cal.App.4th 43, the court recognized, in achieving a different result that: “If it is essential to vindicate judicial authority, the prosecution may charge Kang with failure to appear pursuant to Penal Code section 1320.5, although the penalty […]

Washington Post Can the government use the fugitive disentitlement doctrine to prevent residents of foreign countries from contesting the seizure of their property? (“In an important case currently before the US Court of Appeals for the Fourth Circuit, the federal government is claiming that they can use the ‘fugitive disentitlement’ doctrine to prevent criminal suspects […]

 

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