Absconding Abroad in the Middle of a Criminal Case

What Happens If a Defendant Flees the U.S. During a Criminal Case?

At times, individuals who are involved in a criminal matter in California—whether it’s a misdemeanor or a felony—choose to leave the country in the middle of the case. While some go to Korea, I’ve also encountered clients who fled to countries like China or Thailand. The motivations vary:

• The financial burden of legal fees,

• Immigration status issues,

• Inability to work or sustain a livelihood,

• Or simply a belief that leaving the U.S. will make the problem go away.

Some clients have even told me,

“Attorney Kim, I’m never planning to return to the U.S., so I’ll just leave and be done with it.”

However, leaving the country does not make your case go away. In fact, it makes things much worse.

Arrest Warrants and Long-Term Consequences

Once a defendant absconds, a bench warrant is issued for their arrest. In other words, the case remains open and the individual becomes a fugitive wanted by law enforcement.
This warrant does not expire in 1 year, 5 years, or even 10 years—it typically stays active for life, unless the case is resolved or the defendant passes away.

Some people mistakenly believe:

“If I stay out of the U.S. for 10 years, the warrant will go away.”

This is entirely false. In fact, the longer you wait to resolve the case, the more complicated and severe the consequences may become. Judges often view long-term absconding as an aggravating factor, which can result in harsher penalties than originally anticipated.

Trying to Return Later—But You Can’t

In my experience, most individuals who flee the U.S. eventually want to return. Maybe they struggle to adjust in Korea, or perhaps they find stable lives abroad but still need to come back temporarily—for example:

• A business trip to the U.S.,

• A honeymoon,

• Visiting family, such as ill parents.

But once someone absconds, resolving the case becomes significantly harder. The court may no longer be as lenient, and negotiating a favorable resolution becomes more difficult because of the defendant’s prior decision to flee.

The Catch-22: You Can’t Return to Fix It

Here’s a critical complication:
If the pending case is a felony, the defendant must appear in court in person—attorneys cannot appear on their behalf. However, because of the outstanding warrant, many individuals cannot get a visa to re-enter the U.S., especially from places like the U.S. Embassy in Seoul.

Even if someone says,

“I want to return to the U.S. to face my case and resolve it properly,”
they often cannot obtain a visa due to the outstanding felony warrant.

This is what we call a Catch-22 situation:

• You have a criminal case in the U.S. you want to resolve,

• But the case itself prevents you from reentering the country to do so.

Misdemeanor vs. Felony: There Is a Difference

When it comes to absconding, the legal consequences vary depending on the level of the offense.

• For misdemeanor cases, attorneys can often appear on the client’s behalf, even if the client is overseas.

• For felony cases, however, personal appearance by the defendant is usually mandatory.

That’s why if someone flees while facing a felony, they’re almost guaranteed to face greater legal and logistical challenges when trying to resolve the matter later.

Final Advice

As an attorney, I strongly advise against fleeing the country to avoid a criminal case—whether it’s a misdemeanor or felony.
If you are considering leaving the U.S., please resolve your case first through proper legal channels.

Doing so will save you significant trouble, legal complications, and stress in the future. No matter how difficult the situation may seem, handling your case responsibly within the U.S. is always the best course of action.