TravellinHusker

I am referring to "conspiracy" laws as they are interpreted in the US. Currently, Canada refuses extradition for all drug conspiracy charges because it does not exist in the same form in Canada as the US. Conspiracy is defined in the US as: to conspire or agree with someone else to do something which, if actually carried out, would amount to another Federal crime or offense. So, under this law, a 'conspiracy' is an agreement or a kind of 'partnership' in criminal purposes in which each member becomes the agent or partner of every other member.

However, in many cases, the US has charged a SINGLE person with conspiracy (sometimes because they have given immunity to the other party/ies and other times there is not other party/ies). And in those cases, Canada refuses to extradite because it is impossible under Canadian law to conspire to do something alone. Canadian legal officials are smarter than US prosecutors. Conspiracy = 2 or more.. not 1 guy with voices in his head that agree from time to time.

RichardKenner

A few years ago, I was travelling with a group from St. Martin to JFK via San Juan. One of the group (Marty) got slightly delayed in Customs in SJU and said it was "some sort of mistaken identity". However, when the (domestic) flight from SJU landed in JFK, police were there to take him into custody.

It turned out from reading the remarks of his PNR, that there were multiple warrants out for him in Florida and CBP in SJU called the DA there who asked that he be picked up. The phone number of the DA was in the record (since it was the airline) that called law enforcement.

Some investigation turned up that what happened was that Marty was the owner of a business in Florida which went broke due to embezzlment by their accountant. But a number of checks were written that bounced. Marty thought he'd replaced all of them, but missed two. Because writing a bad check in Florida is a presumption of fraud, they charged him. But the notice was sent to an old address (he left Florida, and indeed the country, shortly after the business folded) and he never got the notices. So he didn't appear in court and then got multiple "failure to appear" felony warrants (by this time, he was back in NY). This was about five years before that trip.

He ended up in jail in NYC for two nights and then the DA in Florida decided it wasn't worth her time to persue for extradition (they were small checks) and had NY release him. He was advised to clear the matter up before enterring Florida again.

I post these details just to underscore that it's highly likely that the OP will be detained and it's very necessary to contact an attorney to try to resolve the matter before trying to enter the US.

blondeterp

I think as someone else pointed out, it's the nature of the original crime and how it was entered into databases.
I have a friend who had a warrant in CA for failure to appear (vandalism- broke her boyfriends window during a fight)
She traveled to london and amsterdam and made the crossing 3x without being questioned once.

She's since stepped up and taken responsibility so it's not an issue.

Also I know several people that were convicted of DUI's that have traveled sucessfully to canada (air and driving) even though they are supposed to be denied.

On the other hand, someone I know was denied from canada for misdemeanor possession of Marijuana.

(I worked in the music industry, they're all bad boys)

My point is, it varies but it's definitely not something I'd take my chances with.

Centurion210

All passengers are screened off of the PNR when arriving from another hemisphere.

She will be detained at whatever airport she arrives at in the US to see if the warrant is extraditable.

britnla

travlinhusker:

I was wondering if you know about a situation in regards to someone who was sentence to a sex related crime (consentual with 17 yrs old and adult).. They served there time for 1 year, and now on probation. Could the person return to the UK since dual nationality and not be extradited back to california for probation violation? Its my understanding that you would not because it's not a dual crime in the Uk with the USA (California) due to the consent is 16 in the UK...

roccor

To a great extent, it depends on what the warrant is for. A missed date in traffic court - no. Murder - yes. In between would, to some extent, be based on felony or misdemeanor and relative seriousness. In some cases the arrest warrant would not have sufficient information on it to positively identify a person by matching to their passport data base.

BravesFan48

I live in Latin America now but am a native son born in the USA American Citizen and decorated Viet Nam Veteran.

I was arrested once in 1993 in Southern Ca. for being present in an office of a bookmaker. I was actually helping him answer his phones. The original charges were dismissed in 1995 but I had left California by then and missed the court date where the case was dropped (the actual charges are murky in my memory now, violation of the wire act of 1961 I believe).

That was the only arrest of my 61 year life for a crime or misdemeanor (no DUIs, Speeding - nothing).

I married a Latin woman in 2002 and have lived with her both in the states (New England) and Latin America. My problems started in March of 2005 when I flew alone from Latin America to New York via Charlotte NC. I never made it past Charlotte for nearly three weeks. Customs officers arrested me on a outstanding Bench warrant from the state of California from 1995. A warrant I had no idea existed. Prior to that I had made at least 6 international trips and re-entries into the US without a problem.

I was brought to local Charlotte County jail and incarcerated to wait for extradition to California. After 17 days an asst. District Attorney from Los Angeles County informed the North Carolina DA that they did not wish to extradite and the case had been dismissed 10 years earlier. In the meantime I waived my right to fight extradition. Once the N.C. DA received the no extradition order and also waived any charges against me that were filed as being a fugitive I was released after 17 days of waiting.

I then continued my trip to the East where I actually decided to live again Close to some family. I sent for my already visaed wife and even applied for and received a US drivers license which require quite a background check by the state involved. No problem.

Unfortunately my wife who I was able to keep totally legal with a green card didn't like New England and wanted to return to Latin America (she doesn't speak English). Which we did in late 2006. Since then I have flown into the states 3 times..

Each trip, two thru Dallas and one thru Houston I have been detained relatively briefly and released. Obviously there is something about the original incident from 1993 on my record in the CBP computer. The same thing each time, step to the side - passport please - sit there. An officer then goes into another room with my passport and comes back and gives to me and says I can go. The last one was very friendly actually because I explained briefly what I just wrote here. He gave me a phone number in L.A. County that he said had the case information on me, including the disposition of the case (dismissed). I called the number and at least a half a dozen more,various DA's and police and sheriffs offices and no one has ever heard of me or my SSN etc.

I still am trying to find an agency in California that has heard of me. I have run criminal checks (the type you pay for and nothing ever shows except the arrest in North Carolina).

I am flying to Las Vegas in the near future with the touchdown customs check in Texas again.

I am pretty much at wits end as what to do short of going to Cal. and hiring a lawyer which would cost quite a bit.

TIA for suggestions. Bravesfan48.

PS: I hope at worst it's the same routine on my next trip. Despite all the previous trips where I was only delayed 15 or 20 minutes after the NC arrest I am still nervous when I walk up to that customs window. I suspect I have an Only in California Detain message but can't find out where it is from in that large state.

bocastephen

This is not legal advise - but when traveling as a dual national, you always enter a country with the passport that matches your nationality there.

A dual US/UK person would enter the UK with their UK passport, and enter the US with their US passport.

If the person enters the UK with their UK passport, they could not be denied entry (and the UK might not even be aware of the person's prior conviction as a US national) - but if something criminal was found, the US would need to extradite them as a UK national which is much harder than having a US citizen returned to them. Since the extradition would likely be denied (since there is no similar crime in the UK), you'd be fine - but then have a problem getting back to the US because if the person returns to the UK they might violate their California parole - which would be found out upon their return to the US if they entered with their US passport. In that case, entering with the UK passport under visa waiver might work - but might not. Caveat emptor.

Gvanny00

DaveBlaine

Welcome to Flyertalk!

chucko

Most likely outcome. It's called self-extradition.