Entering the US with outstanding misdemeanor warrant(s)
Sep 19, 2012, 5:39 pm
#16
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Oh brother. Even many US Gov't publications use the term "citizen" when they really mean national. And how many people are nationals but not citizens? People born in American Samoa? It's a small-enough distinction that it is usually ignored.
Last edited by essxjay; Oct 7, 2012 at 9:46 pm Reason: personalizing
Sep 19, 2012, 6:05 pm
#17
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So, this leaves the following questions:
1. Does the CBP officer at the port of entry have direct and automatic access to state records? That is, will a standard passport scan that returns no hits in NCIC or other federal databases nonetheless alert the CBP officer if there is an outstanding misdemeanor warrant? If so, is this limited to the state where the port of entry is located, or does it extend to multiple states or all states?
2. If the answer to 1) is Yes, even if it's only for the state where the port of entry is located, does CBP routinely take into custody those that have such outstanding warrants?
1. Does the CBP officer at the port of entry have direct and automatic access to state records? That is, will a standard passport scan that returns no hits in NCIC or other federal databases nonetheless alert the CBP officer if there is an outstanding misdemeanor warrant? If so, is this limited to the state where the port of entry is located, or does it extend to multiple states or all states?
2. If the answer to 1) is Yes, even if it's only for the state where the port of entry is located, does CBP routinely take into custody those that have such outstanding warrants?
Which then begs the question, "Why wouldn't you take care of said warrants before international travel rather than take the risk of being arrested?"
Dude, just take care of the warrant. Turn yourself in, spend a night in jail, pay a citation, whatever it takes. If it's a misdemeanor warrant, the consequences of taking care of it are likely far less severe and far less hassle than being arrested and detained in an airport upon re-entering the US from a foreign trip.
I'm just sayin'...
Last edited by essxjay; Oct 7, 2012 at 9:47 pm Reason: requote trimmed for readability
Sep 19, 2012, 6:29 pm
#18
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Yes. There are times when it just makes sense to plan on taking care of the issue rather than let it be an open sore that could unexpectedly pop up its ugly head. Budgeting the resources and time to get the chapter closed as best as possible may well cause less headaches than being hit by a nasty surprise at the wrong time. [For example, detained on a trip back to the US to see a dying parent rather than resolving the issue long before that kind of situation arises where an effort was made to see a dying parent but frustrated by a detention/arrest/whatnot.]
Last edited by essxjay; Oct 7, 2012 at 9:47 pm Reason: readability
Sep 20, 2012, 4:57 am
#19
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Without more information on the warrant(s) and state(s) and POE, it would be impossible for anyone to know in your case if you would be held. Even with more information I doubt you'll get an answer to bank on here.
Indeed.
Sep 20, 2012, 9:55 am
#20
Join Date: Nov 2006
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It is entirely possible that you could be arrested. I haven't practiced criminal law in quite a few years, but I had a case once where a young man had an outstanding 'failure to appear' warrant on a drug charge (small scale marijuana growing). He had no idea there was even a warrant out for him--he'd moved out of the house where his ex-roomies were growing pot before the case got filed. Coming back to the US from Japan with his dad, his warrant showed up and he was taken out of the airport in handcuffs. Next day, he was visited in jail by a warrants officer who asked him to waive extradition. He did.
The problem was, once he waived extradition, our state courts lost jurisdiction over him (which had been based on the interstate compact fugitive warrant, not his underlying failure to appear in court warrant.) It's true that his home state would almost certainly have declined to transport him back, but that would have meant that he would have stayed in jail till the time period for extradition expired (60 or 90 days, depending...) And we couldn't have set bail or a personal recognizance release because we'd lost jurisdiction. Not a good situation. (I will omit the end of the story, which involves creative motions practice and a cooperative prosecutor at both ends of the system. Those things might not happen routinely.)
So, lesson one--do not assume that they won't find the warrant. They did twenty years ago, when computerized records were almost certainly less complete than today.
Lesson two--do not assume that, just because your home state doesn't care to extradite, you won't be held. You very well might be held till the deadline for extradition passes without your home state coming to get you.
Lesson three--do not waive extradition. If you do, you're stuck in a jail where the local court has no power to release you.
Lesson four--get yourself a decent lawyer asap. It's the only advice that you could be given here that is 100% guaranteed to be accurate.
The problem was, once he waived extradition, our state courts lost jurisdiction over him (which had been based on the interstate compact fugitive warrant, not his underlying failure to appear in court warrant.) It's true that his home state would almost certainly have declined to transport him back, but that would have meant that he would have stayed in jail till the time period for extradition expired (60 or 90 days, depending...) And we couldn't have set bail or a personal recognizance release because we'd lost jurisdiction. Not a good situation. (I will omit the end of the story, which involves creative motions practice and a cooperative prosecutor at both ends of the system. Those things might not happen routinely.)
So, lesson one--do not assume that they won't find the warrant. They did twenty years ago, when computerized records were almost certainly less complete than today.
Lesson two--do not assume that, just because your home state doesn't care to extradite, you won't be held. You very well might be held till the deadline for extradition passes without your home state coming to get you.
Lesson three--do not waive extradition. If you do, you're stuck in a jail where the local court has no power to release you.
Lesson four--get yourself a decent lawyer asap. It's the only advice that you could be given here that is 100% guaranteed to be accurate.
Sep 23, 2012, 12:46 am
#22
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1. Does the CBP officer at the port of entry have direct and automatic access to state records? That is, will a standard passport scan that returns no hits in NCIC or other federal databases nonetheless alert the CBP officer if there is an outstanding misdemeanor warrant?
Some agencies will travel nation-wide to fetch folks....while others won't travel out of the City Limits.
Just depends on the nature of the warrant and how badly they want you.....
Sep 25, 2012, 8:47 am
#23
Join Date: Sep 2012
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I went through this type of thing years ago. They generally won't extradite to another State on a misdemeanor warrant. Felony, yes.
Don't go back to the State with the warrant; if they catch
you (and they will)they'll bus you around in shackles to make an example of you. Call an attorney and ask what can be done to remedy the
situation. If it's just a few days in the clink, get it over with.
It will be much more severe (eg, many more days or weeks) if they catch you, rather than voluntary surrender.
It'll be hard to get jobs and stuff with that "capias" hanging over your head.
Don't go back to the State with the warrant; if they catch
you (and they will)they'll bus you around in shackles to make an example of you. Call an attorney and ask what can be done to remedy the
situation. If it's just a few days in the clink, get it over with.
It will be much more severe (eg, many more days or weeks) if they catch you, rather than voluntary surrender.
It'll be hard to get jobs and stuff with that "capias" hanging over your head.
Sep 26, 2012, 12:26 am
#24
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I thought it is up to the state in the case of misdemeanors, or is everyone putting everything in nowadays?
Budgets are very tight nowadays; counties and states can barely afford to keep people in jail/prison, much less pay for a misdemeanor prisoner to travel possibly across the country. Doesn't mean it wont happen, but I imagine happens less nowadays than it did a decade ago.
Budgets are very tight nowadays; counties and states can barely afford to keep people in jail/prison, much less pay for a misdemeanor prisoner to travel possibly across the country. Doesn't mean it wont happen, but I imagine happens less nowadays than it did a decade ago.
Sep 30, 2012, 5:42 pm
#25
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But you might get time served credit if the judge in the issuing jurisdiction sentences you to jail time... Won't get you any closer to elite status, but it's something...
Oct 1, 2012, 8:57 am
#26
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Here's a question that came up in my mind: If you're just going to reenter the US without any prior arrangements and hope it goes alright, are you better off entering as far away from the jurisdiction with the outstanding warrant or as close as possible?
I ask because entering far away means they're less likely to come for you, but you are more likely to sit in CBP custody while they figure it out/just let the extradition period expire whereas if you enter at the closest possible point you can likely have it sorted out same/next day (or at least post bail).
My goal in this case would be to minimize unnecessary time in custody rather than trying to avoid the issue altogether, given the criteria that the OP set out.
I ask because entering far away means they're less likely to come for you, but you are more likely to sit in CBP custody while they figure it out/just let the extradition period expire whereas if you enter at the closest possible point you can likely have it sorted out same/next day (or at least post bail).
My goal in this case would be to minimize unnecessary time in custody rather than trying to avoid the issue altogether, given the criteria that the OP set out.
Oct 1, 2012, 11:46 am
#27
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Here's a question that came up in my mind: If you're just going to reenter the US without any prior arrangements and hope it goes alright, are you better off entering as far away from the jurisdiction with the outstanding warrant or as close as possible?
I ask because entering far away means they're less likely to come for you, but you are more likely to sit in CBP custody while they figure it out/just let the extradition period expire whereas if you enter at the closest possible point you can likely have it sorted out same/next day (or at least post bail).
My goal in this case would be to minimize unnecessary time in custody rather than trying to avoid the issue altogether, given the criteria that the OP set out.
I ask because entering far away means they're less likely to come for you, but you are more likely to sit in CBP custody while they figure it out/just let the extradition period expire whereas if you enter at the closest possible point you can likely have it sorted out same/next day (or at least post bail).
My goal in this case would be to minimize unnecessary time in custody rather than trying to avoid the issue altogether, given the criteria that the OP set out.
Oct 1, 2012, 12:59 pm
#28
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While I wholeheartedly agree with the last part, I'm also of the opinion that one should take care of this before traveling. If that is, for some reason, undesirable, I'm curious whether it's better to have a lawyer deal with the prosecutor's office prior to arrival, or to simply have a lawyer at the ready (heck, perhaps pay their hourly to have them be the one to pick you up from the airport) on the off chance you aren't flagged and can deal with this later, after not having just spent many hours, across multiple timezones, on a plane?
Oct 1, 2012, 1:20 pm
#29
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I'm curious as to if its really a state level warrant, or something smaller (county). I once had a county warrant for a parking ticket that was written wrongly (I had a toll booth receipt from 50 miles away within an hour on the parking ticket). Got pulled over a few months later in my hometown, and the cop told me "just so you know you have an open warrant in XXX county. It isn't extraditable from here, but it is from the following counties: XXX YYY ZZZ".
Just something to keep in mind, if you happen to know a local cop who won't bust you on the positive warrant hit, they might be able to tell you where the extradition zone is.
Just something to keep in mind, if you happen to know a local cop who won't bust you on the positive warrant hit, they might be able to tell you where the extradition zone is.
Oct 1, 2012, 9:42 pm
#30
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Up to the agency. As stated, I know some agencies that will travel all over the world to go fetch folks no matter what the warrant is....while others won't even meet you at the County Line to pick one up.....
My old agency (along with alot of other agencies) charge defendants to go fetch them....and tack it on to their fines....