Flying domestically with felony warrant??
Oct 3, 2010, 4:21 pm
#31
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Anyway, we have no way of knowing if "David" was even convicted of a felony in the first place because we weren't there in court. It seems more likely that he plead to a lesser misdemeanor and the state dropped the felony charge; that is standard practice in many jurisdictions for first-time offenders who engage in non-violent criminal conduct.
Oct 3, 2010, 9:30 pm
#32
Join Date: Apr 2003
Location: Arlington VA
Posts: 5,735
Certainly an interesting topic.
Though if this guy has never flown before, he may look a bit out of place for the BDO. No reasont to run his license if he handles it well, but one never knows.
I'm curious if we'll hear the end of "David"s story.
Though if this guy has never flown before, he may look a bit out of place for the BDO. No reasont to run his license if he handles it well, but one never knows.
I'm curious if we'll hear the end of "David"s story.
Oct 4, 2010, 2:40 pm
#33
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Yeah, you are right, there's like no chance he would be arrested on an outstanding warrant when returning to a funeral. He's got nothing at all to worry about just like these people didn't have to worry.
Not Richard Malave
Richard Malave thought no one would think to find him at a funeral in Cambridge, Mass., but he couldn't be more wrong. U.S. Marshals had him surrounded and at gunpoint when they arrested him -- on his birthday.
Not Tran Nguyen
A known gang member arrested at a funeral home in Calgary was ordered deported almost four years ago, officials say. Tran Trong Nghi Nguyen, who goes by the name Jackie Tran, was arrested on an immigration warrant Thursday night, police said.
Not Brenda Miguel
Orange County detectives arrested Brenda Miguel, 48, at the Baldwin-Fairchild funeral home on North Ivanhoe Boulevard after receiving a tip that she'd be in town for her aunt's funeral, sheriff's officials said Friday.
Not Richard Malave
Richard Malave thought no one would think to find him at a funeral in Cambridge, Mass., but he couldn't be more wrong. U.S. Marshals had him surrounded and at gunpoint when they arrested him -- on his birthday.
Not Tran Nguyen
A known gang member arrested at a funeral home in Calgary was ordered deported almost four years ago, officials say. Tran Trong Nghi Nguyen, who goes by the name Jackie Tran, was arrested on an immigration warrant Thursday night, police said.
Not Brenda Miguel
Orange County detectives arrested Brenda Miguel, 48, at the Baldwin-Fairchild funeral home on North Ivanhoe Boulevard after receiving a tip that she'd be in town for her aunt's funeral, sheriff's officials said Friday.
Oct 4, 2010, 3:15 pm
#34
Join Date: Oct 2010
Posts: 3
Wow, I'm really surprised, this is a really tolerant board! I pride myself in being someone who tries not to judge too harsly or too quickly. This thread is very informative. I'm hoping "justplainme" will update soon on "David's" situation and I hope he made it through his travels safely. And I hope for his childrens sake he takes care of all of this ugliness as soon as he is back home safely.
As far as the flying with a warrant it sounds like he didn't have much to worry about unless he was leaving the country and trying to re-enter or if he for some reason decided to act strangely at the airport (or strangely enough to attract the attention of an airport cop) - - which lets be honest with all the strangeness walking around out there would have to be pretty strange
As far as the flying with a warrant it sounds like he didn't have much to worry about unless he was leaving the country and trying to re-enter or if he for some reason decided to act strangely at the airport (or strangely enough to attract the attention of an airport cop) - - which lets be honest with all the strangeness walking around out there would have to be pretty strange
Oct 4, 2010, 3:20 pm
#35
Original Poster
Join Date: Sep 2010
Posts: 10
Hi everyone,
Just a small update, David and his family did make it to his home state with no problems, now we are just waiting to see if he is just as lucky and makes it back just as safe.
Thanks everyone for your kind words and help!
I will keep you updated as I am
BTW, Ari you have the best sense of humor...
Just a small update, David and his family did make it to his home state with no problems, now we are just waiting to see if he is just as lucky and makes it back just as safe.
Thanks everyone for your kind words and help!
I will keep you updated as I am
BTW, Ari you have the best sense of humor...
Last edited by Kiwi Flyer; Oct 7, 2010 at 10:19 pm Reason: merge consecutive posts
Oct 4, 2010, 3:24 pm
#36
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Thanks, though I think the funnyman award goes to Good Guy for this thred.
Oct 4, 2010, 5:00 pm
#37
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ehh.. If hes willing to talk to lawyer, they will msot likely tell him to turn self in, as tehy aren't going to give out advice against the law. Seeing how its a probie violation I see jail time associated with this, does he need more time?
Oct 4, 2010, 8:40 pm
#38
Original Poster
Join Date: Sep 2010
Posts: 10
Hi Davef139!
Actually my friend Dave whom this post was all about was able to fly back to his home state to attend his grandmother's funeral, he will be flying back here as soon as he has matters settled there. We are hoping he will be able to speak to a lawyer shortly after his return. I, myself am hoping with everything that he can avoid jail time. Dave is the sole breadwinner for his family, after his daughter was born almost 4 years ago his wife was forced to quit work because of his daughter being born with Kawasaki Disease. I guess we will see when he gets home. You asked if he could "use" more time. Honestly I'm sure he could use forever but I think he is finally just tired of living life looking over his shoulder.
I'm not familiar with how any of these things work (probation, violations, etc...) but I've been trying to do research since David came to me. I know it isn't related to flying but if anyone does know about probation or probation violations and wants to throw any advice or tips my way I'd appreciate it. Thanks
Actually my friend Dave whom this post was all about was able to fly back to his home state to attend his grandmother's funeral, he will be flying back here as soon as he has matters settled there. We are hoping he will be able to speak to a lawyer shortly after his return. I, myself am hoping with everything that he can avoid jail time. Dave is the sole breadwinner for his family, after his daughter was born almost 4 years ago his wife was forced to quit work because of his daughter being born with Kawasaki Disease. I guess we will see when he gets home. You asked if he could "use" more time. Honestly I'm sure he could use forever but I think he is finally just tired of living life looking over his shoulder.
I'm not familiar with how any of these things work (probation, violations, etc...) but I've been trying to do research since David came to me. I know it isn't related to flying but if anyone does know about probation or probation violations and wants to throw any advice or tips my way I'd appreciate it.
Thanks
Oct 5, 2010, 8:11 am
#39
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For practical purposes, depending upon the state, "probation violations" fall into the same category as escaping from a jail or prison, conveying after the issuance of a warrant, fugitive status.
Dave's problem depends on just how badly the court of appropriate jurisdiction (and that's likely to be the court from the jurisdiction of which he fled) wants him back or will the court - if he's very lucky - allow the reinstitution of a probation period in the state in which he now lives (which would require that state to agree to provide the services for which Dave would have to pay a hefty fee - and few states don't have over-burdened probation systems and even fewer would accept a probationer of out of state origin).
He's got to hope the court doesn't want him back....
Dave's problem depends on just how badly the court of appropriate jurisdiction (and that's likely to be the court from the jurisdiction of which he fled) wants him back or will the court - if he's very lucky - allow the reinstitution of a probation period in the state in which he now lives (which would require that state to agree to provide the services for which Dave would have to pay a hefty fee - and few states don't have over-burdened probation systems and even fewer would accept a probationer of out of state origin).
He's got to hope the court doesn't want him back....
Oct 5, 2010, 1:51 pm
#40
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Anyway, it sounds like he's close to reaching a short-term solution, and hopefully he can hire a lawyer to clear his name and resolve the issues without too much problem so that there's a long-term solution. Absent the desire to make an example of him, it seems that a resolution involving payment of the debts and perhaps some penalties will suffice.
Oct 5, 2010, 2:05 pm
#41
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That is true. But a lawyer can lay out the options and possible consequences of each but then decline to offer any advise as to what should be done. That is sometimes the time to read between the lines.
Last edited by chi1k; Oct 5, 2010 at 2:13 pm
Oct 6, 2010, 12:57 pm
#44
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I don't think a lawyer would be preventing from telling a client: "State X probably isn't interested in pursuing you, but one way to ensure they don't arrest you is never to set foot in State X." That's totally legal conduct for the client.
Oct 6, 2010, 1:48 pm
#45
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"Pled guilty" would also fit there.
Anyway, we have no way of knowing if "David" was even convicted of a felony in the first place because we weren't there in court. It seems more likely that he plead to a lesser misdemeanor and the state dropped the felony charge; that is standard practice in many jurisdictions for first-time offenders who engage in non-violent criminal conduct.
Anyway, we have no way of knowing if "David" was even convicted of a felony in the first place because we weren't there in court. It seems more likely that he plead to a lesser misdemeanor and the state dropped the felony charge; that is standard practice in many jurisdictions for first-time offenders who engage in non-violent criminal conduct.
For hopefully the last time, your friend needs a lawyer.
Last edited by Kiwi Flyer; Oct 6, 2010 at 6:16 pm Reason: merge consecutive posts