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Old Oct 1, 10, 8:36 am   #16
 
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Originally Posted by justplainme View Post
okay guys, thanks for all the input but now I have even more questions (sorry but I'm a naturally inquisitive person and some of your answers intrigue me lol)

....snippagio....

I already told him that he really, really needed to take care of this, if not now, when he returned back after the funeral. He explained to me a little more about what went wrong. Evidently 11 years ago he stole a case of baby formula for his 2 month old baby son (which was evidently valued at more than $250, which in his home state constitutes a felony) he and his wife were out of work so it was either that or lose his son (or his son go into foster care) he had already tried to get help from the state but they were dragging their feet, meanwhile he had a hungry baby so he got caught and arrested, sat in jail for a few weeks, was released, put on probation, made to pay thousands of dollars in fines which he couldn't pay (because he was still out of work) and his probation officer threatened him every month when he went to his appointment that he would go back to jail if he didn't have his fines caught up by the next month so he finally just didn't show up for his appointments so a warrant was issued. He finally found a job out of state, moved and is now a lot more stable, 10 years have went by, he hasn't so much as had a speeding ticket, I've known him for about 6 years and I never would have guessed something like this about him. I actually feel bad for him. Did he commit a crime? Yes. But would I have done the same thing if I didn't have any family who would have helped out? Maybe. His grandmother was the only family he had and she has been in a nursing home until she died for over 15 years.
Your followup clears a great deal of confusion...

First, he already has a Felony Conviction on his record, guilt already established. His punishment was a probated sentence, for which failure to comply with all requirements thereof essentially put him in a (other than a hearing whether or not revocation is appropriate, and "fleeing the jurisdiction" will weigh heavily against him) bad position..."Go Directly to Jail! Don Not Pass Go!", since he has not yet "served" out his term.

His home state likely neither wants to spend the money to extradite or imprison him, but under the "For an example for the others" doctrine, there's a bench warrant out there, and any LEO in his home state could clearly exercise it at any moment his identity was made clear or discovered. It ain't going to go away, and by violating his probation, he has of his own free will and doing, established for himself "Fugitive Status" until such time as the court in which he was convicted (or a higher court) acts to change his status. if picked up, there's like not going to be bail (already having demonstrated to the court the likelihood of his flight from its jurisdiction).

It's long past time to get a lawyer and make some attempt to find out what would be necessary to (if possible) remove what is essentially classification as an "Outlaw". Just wait until his status crops up in a pre-employment or promotion investigation, or even a routine check at a traffic stop. Then, it's too late.
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Old Oct 1, 10, 8:37 am   #17
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Before this thread gets locked or moved to OMNI, let me add my endorsement to getting this cleared up. If the circumstances are exactly as described, my guess (and that's all it is) is that your friend will be in for the attorney's expenses and probably those fines. With the circumstances for the crime, and a jurisdiction's likely simply wanting the money, get it resolved so your friend can move on with his life and not worry about this. All it takes is a speeding ticket or a traffic accident to get caught.
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Old Oct 1, 10, 8:58 am   #18
 
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I just want to add a suggestion to your friend that he clear this up on his own terms. It very well may be that he has lived a normal life for the past 11 years, but this issue could come back to haunt him at any time, and might be very inconvenient and expensive to deal with. 11 years ago he was able to get a job, but if he ever needs to look for work again a background check today is a lot different than it was back then. With computerized records his arrest warrant will be found, and he will be arrested, and as a flight risk he most likely will be held without bail.

The attorney's fees will be huge for his family.

Jail time will mean lost employment and lost wages.

Considering that at my kids schools, the PTA runs a background check on all sports coaches and parent volunteers sooner or later this is going to come up.

How would your friend feel if he was driving down the road with his 11 year old kid, gets pulled over because he doesn't even realize he has a burned out tail light and gets cuffed & stuffed by the cop when he runs a basic warrant test? How would he feel if some overzealous prosecutor charges his wife with harboring a fugitive just to make a name for himself? How would he feel if his kid(s) are taken from him and placed in foster care? Clearly this is the extreme, but wouldn't it be worth it to find out if he can pay his fines and get this warrant discharged?
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Old Oct 1, 10, 10:41 am   #19
 
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I think we have finally talked him into talking with a lawyer once he returns from the funeral about all of this. I told him that he literally can't run forever.

He is still REALLY worried about getting caught flying though. I tried to reassure him with all of what you guys said though. He is still afraid somehow someone out there will cross reference his name and birthdate with some list and find him. I told him thousands and thousands of people fly every single day and not to worry about that so much.
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Old Oct 1, 10, 10:42 am   #20
 
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(I think he is actually just as worried about actually flying as he is worried about getting caught and arrested while flying! He has never flown before)
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Old Oct 1, 10, 1:48 pm   #21
 
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SOL doesn't run in most places once a person is indicted. In Wisconsin, prosecutors started indicted John Doe DNA samples to stop the statute of limitations in rape cases (and other crimes where they had genetic material and more than ordinary interest in the suspect).
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Old Oct 1, 10, 2:11 pm   #22
 
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Originally Posted by Dubai Stu View Post
SOL doesn't run in most places once a person is indicted. In Wisconsin, prosecutors started indicted John Doe DNA samples to stop the statute of limitations in rape cases (and other crimes where they had genetic material and more than ordinary interest in the suspect).
We've now clarified this is a warrant for a probation violation, not a warrant for arrest for committing a crime.

Anyway, if had just been the underlying crime then the guy was known and identified and I think the warrant would be invalid once the SoL had run.
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Old Oct 1, 10, 2:44 pm   #23
 
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so just to make triple sure, none of you have ever heard of anyone with a warrant hanging over their head getting arrested at the airport (at least this type of warrant) I'm sure everyone has heard of child molestors or murderers getting arrested)?? Or know of any new security measures they take that check for these kinds of things now? I just want to make sure before I talk to him tonight, he leaves for the airport in the morning and he is a nervous wreck. I know he would drive if he had the time but he doesn't.

Thanks!!
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Old Oct 1, 10, 6:55 pm   #24
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Originally Posted by Good Guy View Post
If he knows he has warrants, he should take care of them.
Excellent advice, but it doesn't address the OP's question.

Quote:
Originally Posted by cordelli View Post
Welcome to Flyertalk.

Unless they have some reason to run his ID (he's noticed in the SPOT checks as behaving like he has a warrant, his name is close to somebody on the watch list, etc) he will probably be fine getting through security.

I would be more concerned going to a family member's funeral in my home state, that just sounds like an easy place to catch him, sort of like he's expected to be there. He seriously needs legal advice here.
Because they have been oh so busy looking for him in the past 10 years and this is now their one chance . . .

Quote:
Originally Posted by justplainme View Post
(I think he is actually just as worried about actually flying as he is worried about getting caught and arrested while flying! He has never flown before)
Quote:
Originally Posted by justplainme View Post
so just to make triple sure, none of you have ever heard of anyone with a warrant hanging over their head getting arrested at the airport (at least this type of warrant) I'm sure everyone has heard of child molestors or murderers getting arrested)?? Or know of any new security measures they take that check for these kinds of things now? I just want to make sure before I talk to him tonight, he leaves for the airport in the morning and he is a nervous wreck. I know he would drive if he had the time but he doesn't.
Your friend should take care of his warrant but . . .

With respect to air travel wholly within the USA, there is no current procedure that routinely runs passengers' names, genders and/or dates of birth through law enforcement databases in search of open warrants. Such a system doesn't exist. The way for your friend to get caught would be for a cop to run his ID. That is unlikely unless he attracts the attention of a cop though the TSA does have Behaivor Detection Officers (BDOs)-- you can read up on them here and elsewhere-- and if he is suspicious to them, they might be inclined to call the police and the police would then run his ID. Absent such a situation, your friend isn't going to have his ID run for warrants while flying within the USA.

I haven't really seen airport cops do anything other than use their butts on a regular basis, so I wouldn't exactly worry about "active" patrol like on the street where cops will pull someone over for a very minor violation and then fish for more. Airport cops seem more "on call" than "on patrol" when I see them, except here in ORD where they seem more "on break" than anything else.
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Old Oct 1, 10, 7:08 pm   #25
 
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I agree. Travelling internationally, you are almost certain to be picked up for an outstanding felony warrant coming back into the US. For domestic travel, something else would need to happen for it to be noticed. But I also agree that if the warrant is in the home state, somebody might be waiting for him at the funeral. I second the advice of getting an attorney involved.
Yes, depending on how "wanted" he is, he will most likely be arrested at the funeral.
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Old Oct 1, 10, 7:19 pm   #26
 
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Excellent advice, but it doesn't address the OP's question.
Well, if he wants to give me his friends flight info, I'm sure I can help him take care of the warrant.
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Old Oct 1, 10, 7:47 pm   #27
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Originally Posted by Good Guy View Post
Well, if he wants to give me his friends flight info, I'm sure I can help him take care of the warrant.


. . . though I doubt you'd want to waste the taxpayer's funds that way upon reflection.
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Old Oct 1, 10, 8:08 pm   #28
 
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Thanks guys, David, his wife, son and little girl will be off to the airport first thing in the morning, he is still nervous but I read all your posts to him just a few minutes ago and he seems a little less nervous. And good news, he is going to call a lawyer we both knows as soon as he is back home and deal with this once and for all!

It is good for David that they don't cross reference passenger names with law enforcement but in other situations it might be a good idea I guess. Until this came up I'd never really thought about it. No telling who I've been in the sky with before?! Kind of scary to think about in a way.

As far as attracting attention at the airport....that would be highly unlikely for David. He really is a sweet man, I'm surprised he is in this situation honestly. He is more likely to attract attention by helping some elderly person than by doing anything ugly any day. I've known him for years and I've never even saw him come close to losing his cool even once so I think he will be fine. I used to travel ALL the time for work and I don't even really remember seeing airport cops around much so they must not be out and about very much!

Again, thanks for everyone's help and advice. I'm glad I found these boards. Everyone was so nice. I was afraid when I posted everyone would be all judgemental and rude, glad to see that just wasn't the case.

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Old Oct 1, 10, 8:59 pm   #29
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Originally Posted by Ari View Post
Because they have been oh so busy looking for him in the past 10 years and this is now their one chance . . .
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.
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Old Oct 2, 10, 12:34 pm   #30
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Originally Posted by justplainme View Post


He explained to me a little more about what went wrong. Evidently 11 years ago he stole a case of baby formula for his 2 month old baby son (which was evidently valued at more than $250, which in his home state constitutes a felony). . .he got caught and arrested, [_______________] sat in jail for a few weeks, was released, put on probation, made to pay thousands of dollars in fines which he couldn't pay. . .so he finally just didn't show up for his appointments so a warrant was issued.
Please fill in the blank above. Does the phrase, "tried and convicted" seem correct?
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