Few things can disrupt your life like being arrested for a felony crime. Unfortunately, however, the arrest is usually only the beginning. Once you are arraigned and make bail, you may find your life has been disrupted in several ways.
How Does a Felony Charge Affect Obtaining a Passport in Florida?
One of these is the ability to travel abroad. The U.S. State Department may not approve your passport application if you have an outstanding felony charge. If you already have a passport, the courts may have it suspended or revoked pending the outcome of your case.
If you've been arrested for a felony crime in the state of Florida, you need to take the matter seriously for multiple reasons. Contact a professional criminal defense lawyer immediately. Read on to find out what you can do about traveling abroad with an outstanding felony.
Who Is Not Eligible For a Passport in Florida?
To receive a U.S. passport in Florida, or anywhere else in the country, you must be a U.S. citizen or a non-citizen national. A non-citizen national is a person born in a U.S. territory. If you are not a citizen or non-citizen national, you cannot get a U.S. passport, but there are other reasons that a U.S. citizen can have their passport application denied or their current application revoked, including being convicted of certain drug crimes.
22 U.S.C. 2714 bars a passport for a drug conviction only where the person used a passport or otherwise crossed an international border in committing the offense. The bar is not permanent either. Under 22 U.S.C. 2714(c) it runs only while the person is imprisoned, or is on parole or other supervised release after having been imprisoned, for that conviction. The State Department may still issue a passport in emergency circumstances or for humanitarian reasons under 22 U.S.C. 2714(d). Because the border element and the definition of a covered drug offense both turn on how the charge is written, get a criminal defense lawyer involved early.
22 U.S.C. 2714(b) reaches these convictions, and only where the international border element in subsection (a)(1) is also met:
- A federal drug offense that is a felony
- A state drug offense that is a felony
- A drug misdemeanor, but only if the Secretary of State determines the bar should apply to that person on account of that offense. It never applies to a first conviction for a misdemeanor involving only possession of a controlled substance, including a first-offense drug possession charge.
That is the whole of the period as well. The bar applies while you are imprisoned or on parole or other supervised release after imprisonment, and it ends there.
Reasons a U.S. Passport Can Be Denied
U.S. passports are distributed to citizens by the Department of State. While the officials cannot deny a U.S. citizen a passport without cause, there are many reasons for passport denial. Other than denial for a drug charge, some of the most common reasons for revocation or denial include:
- Owing more than $2,500 in child support arrears, which a state agency certifies to the Secretary of State under 42 U.S.C. 652(k)
- Seriously delinquent tax debt certified to the State Department by the IRS under 26 U.S.C. 7345
- Having a passport previously revoked because it was:
- obtained illegally or fraudulently
- altered or misused
- issued to a person whose Certificate of Citizenship or Naturalization was canceled
- The applicant is a minor in a custody dispute
- The applicant is subject to a foreign extradition request
- There is a court order preventing the applicant from extra-territorial travel
- Defaulting on an assistance loan from the Department of State
How Can a Criminal Defense Lawyer Help?
The best way to avoid passport denial or revocation is to avoid conviction. If you've been charged with a drug crime, you should hire a criminal defense lawyer with experience defending narcotics offenses immediately. In addition to being ineligible for a passport, a drug crime conviction can lead to prison time, probation, fines, and a criminal record. After your criminal defense lawyer examines the prosecutorial case against you, they can determine whether you should try to defend the case in court or accept a negotiated plea. In some cases, the prosecutor will prompt the State Department to allow the defendant to keep their passport as part of a plea bargain. This is something you should consider if you've been charged with a drug crime and you need to travel while your case is pending or during your parole or probationary period.
Additionally, a criminal defense lawyer can petition the court to reverse an order that revoked your passport. Your attorney would have to demonstrate to the court that you are not a flight risk and that allowing you to possess a passport will not facilitate future crimes.
Frequently Asked Questions Regarding Passport Revocation or Denial
If you've had your passport revoked or your application denied due to a criminal offense or criminal history, you need to speak to a criminal defense lawyer. An attorney can review your case and determine whether or not the judgment was appropriate. They can then begin working through the courts to get your passport back. The following are some of the most common questions that our attorneys at Weinstein Legal Team receive regarding this area of the law. If you are in Palm Beach or Broward counties, contact our Florida criminal defense attorney, Matt Shafran, with your questions.
Can a Felon Get a Passport?
Usually, yes. A past felony conviction, or a series of them, does not by itself make you ineligible for a U.S. passport. The conviction-based bar in the passport statute, 22 U.S.C. 2714, covers certain drug offenses, not felonies generally, and it applies only while you are incarcerated or on supervised release for that offense. A court order or a condition of your probation or parole can separately keep you from travelling.
Can They Revoke My Passport if I Still Have It?
Whether or not you retain your physical passport has no bearing on its status. In most cases, the courts will ask you to surrender your passport if they are revoking your ability to travel, but even if you claim to have lost it, for instance, the State Department would still receive notification and invalidate it. It's unlikely you would be able to use it for travel since the passport scanners provide instantaneous feedback.
How Can I Get My Passport Back After It's Been Revoked?
Your attorney can advise you what the conditions of your revocation are and when you will be eligible again. As long as you are not barred for another reason, such as child support arrears or seriously delinquent tax debt, you should be eligible for a new passport once you have served your sentence and completed any parole or probation period.
What Can an Attorney Do if My Passport Has Been Revoked?
In many cases, the courts have the State Department revoke your passport for the simple reason that the guidelines say that they should. If you are not a flight risk and your attorney can show that you will not use your ability to travel to commit additional crimes, the courts may allow you to have a passport.
Criminal Defense Lawyer in Fort Lauderdale and West Palm Beach
Attorney Matt Shafran of Weinstein Legal Team defends people accused of crimes and helps them rebuild their lives after an arrest or conviction. If you have been charged with a crime in Broward or Palm Beach counties, or you are trying to recover a passport after a post-arrest revocation, contact Weinstein Legal Team today.
