View Full Version : Getting your passport back from the court


Scared/unsure
10-19-2006, 10:01 AM
I had to surrender my passport to the court during prerelease. Does anyone know what I need to do to get it back?

Thanks.

Lori

SusanT
10-19-2006, 04:18 PM
Request a replacement when you are off supervised release.

FedLevel26
11-01-2006, 11:56 PM
I am currently going through hel* getting mine back. Maybe I can save you time.

The Pre-Trial officer needs a letter from your attorney/PD requesting to get your passport back. It will then get released to your attorney/PD who will then give it to you.

If you start anywhere...do it with Pre-Trial Services.

Good Luck. I have been trying to get mine since the end of July!

KrisFedInCali
11-02-2006, 09:31 AM
I didnt get mine back until I finished SR. It was nearly expired at that point, of course. I had my (former) PO get a motion filed, and the judge released it. I think in all cases, the judge has to release it, but I could be wrong.

SusanT
11-02-2006, 10:09 AM
I believe the State Department maintains a "hold" on it until you have completed your sentence and been released from the U.S. Probation Dept.

bellisq
11-03-2006, 01:35 PM
I don't think that is always the case, but it is only a thought, i have had a number of clients travel with passports while on probation and it wasn't a hassle (after permission was given of course)

Federal PO
11-04-2006, 09:03 PM
As far as I know, the state department doesn't keep a "hold" on a person's passport, and I know I have certainly never sent them a notice to lift a hold when someone completes supervised release.

A motion filed with the court to return the passport should suffice in most cases.

marcus30
12-06-2006, 09:31 PM
I called the state department because I was told that they would have it by my probation officer. I called them and they told me that my passport was cancelled and would have to apply for a new one at a local post office. I would need permission from the PO of course, but thats the story the State Department told me, and I am in Los Angeles.

rumson
12-14-2006, 12:42 AM
I'm surprised about all these difficulties because the court returned my passport to my attorney the day I was sentenced. They also returned my Canadian passport (I have dual US and Canadian citizenship). No order was required; my attorney simply requested it from the Court Clerk.

I also know that you do not need permission to obtain a US passport even while on supervised release. My roommate in the HWH had an expired passport and he renewed it while at the HWH. All he did was complete the form and send it in. He got a new one within 2 weeks.

bronc
12-19-2006, 01:41 PM
I am having the same problem. I'm on SR and my company wants me to travel to Japan. One problem, when I was first arrested the judge ordered that I turn in my passport to the clerks office.

I called the clerks office and asked how I get it back, and they said the judge would have to issue an order to release it. I called my PO and he said he can file a paper with the judge to request it be released. If the judge approves, he issues the order to release it and I can pick it up from the clerks office.

Since my passport is expired, my PO suggested that sense this can take months to get done, that I just go get a new one.

I asked that since the judge ordered it turned over, if I would get in trouble. He said the judge can order you to turn over a dirty sock to the clerk, and you won't get it back until he lets you. I guess the point was it doesn't matter since the judge has to approve travel outside the US anyhow.

Martha2
12-29-2006, 01:26 PM
I just went through the process. I turned my passport over to the pre-sentencing officer. When I came home from Prison Camp I called her and asked how I could get my passport back. She asked if it was expired (I had just renewed it before I was arrested) she gave me this phone number and my passport number:
(202) 663-2662 and told me to wait until after the New Year to call because they would be busy with the people who would want passports during the holidays. So much for consistancy.

rumson
01-05-2007, 08:32 AM
Again, I am surprised at these problems. Mine was returned to my attorney following sentencing. The AUSA posted it back, no questions asked. However, you definitely do NOT need to wait until you are off SR. Mine expired while I was at the halfway house and I applied for and received a new one without any problems. They mailed it to the Halfway House.

bellisq
01-05-2007, 03:17 PM
rumson: you are missing a key ingredient, that the authorities had already given your passport back. It is definitely a risk to pursue a passport without permission from the probation officer.

POGT
01-23-2007, 06:49 PM
I myself was a Fed PO and once someone is arrested on Fed charges the pretrial officer is supposed to confiscate your passport and send a notice to the state dept that such a passport was taken; or a notice to the state dept to not issue or renew a passport. Once that form is sent to the state dept, it takes a fed po to send a notice LIFTING the ban for you to get one issued by the state dept. However, if you had your passport confiscated during pretrial, the current probation/parole officer should provide it to you once released from prison. I know some more stricter districts continue to hold onto it and won't give it to you until after TSR is complete; or if you get permission from the court to travel outside the country.