Question:
My brother has a history of legal trouble, including multiple theft and robbery cases. He was also a drug addict. He served jail time for some of these cases and left for Saudi Arabia, where he stayed for 5 years. Now, he wants to return to Bangladesh and settle these cases. What legal procedures can he follow to resolve this issue?
Answer:
To settle the pending cases, your brother can follow these legal procedures:
1. Verify the Status of Pending Cases:
- Before returning, collect detailed information about all the cases filed against him.
- Engage a lawyer to check the status of the cases in the local courts or police stations.
2. Apply for Bail:
- Upon his return, your brother will need to surrender to the court where the cases are pending.
- His lawyer can apply for anticipatory bail in advance if there is a risk of immediate arrest.
- For certain bailable offenses, bail is typically granted upon appearance.
3. Plea for Case Settlement:
- If the cases involve false accusations, the lawyer can file for quashing the proceedings under Section 561A of the Code of Criminal Procedure.
- If there is evidence of his involvement, plea bargaining can be an option where he admits guilt and seeks a lighter sentence.
4. Engage in Mediation (if applicable):
- For minor offenses, mediation with the complainants can lead to a settlement, especially in cases where the law allows such agreements.
5. Address Drug Addiction History:
- If his drug-related cases include rehabilitation as part of the proceedings, evidence of successful recovery during his time abroad may support his defense.
6. Hire a Competent Lawyer:
- Engage a criminal defense lawyer experienced in similar cases to represent him in court.
- The lawyer can manage procedural complexities and guide him through the settlement or trial process.
7. Collaborate with Authorities:
- Cooperate fully with law enforcement and judicial authorities to show his willingness to reform and resolve the cases.
8. Present Proof of Rehabilitation:
- Document his time in Saudi Arabia, showcasing his reformed behavior, stable job (if applicable), and efforts to leave his past behind.