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Woman arrested at FLL for joking a bomb on Air Canada plane

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Woman arrested at FLL for joking a bomb on Air Canada plane

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Old Feb 18, 2019, 11:28 pm
  #31  
 
Join Date: May 2012
Location: BKK/SIN/YYZ/YUL
Programs: DL, AC, Bonvoy, Accor, Hilton
Posts: 2,923
Case Update: She's charged with a Felony (2nd degree). The specific charge is False report of Bomb / weapon of mass destruction
In Florida, A second-degree felony is punishable by up to fifteen years in prison, fifteen years probation, and a $10,000 fine.
Florida has mandatory minimum prison sentences and it determines incarceration periods using the Florida Punishment Code Score sheet. A 2nd degree felony is good for 10 points. Typically, in Florida a conviction of a felony of 44 points or less and a clean record does not result in jail time. For reference sake, she only had a parking violation in Broward county back in 2015. (Yes, I looked up her record.)

A judge can always send someone away to teach him/her a lesson. However, with a bond of only $5,000 it seems that the court did not consider her to be dangerous. I do note that the statute leaves her open for some serious civil litigation as per section 4.

790.163 False report about planting bomb, explosive, or weapon of mass destruction; penalty.—
(1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166; and any person convicted thereof commits a felony of the second degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.
(2) Notwithstanding any other law, adjudication of guilt or imposition of sentence for a violation of this section may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, co-conspirators, or principals.
(3) Proof that a person accused of violating this section knowingly made a false report is prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise misinform any person.
(4) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.


As per Section 4, the accused once found guilty can be pursued for the additional costs incurred by the airport, Air Canada and even passengers.

Additional Information: She was sitting in 30 A and her partner was in 30 C Flight 1609 Feb. 12 Flight aware shows that this event delayed the aircraft departure by approx. 3 hours.
Her partner posted bail. (Although his name is public, I won't name him as I expect he is already humiliated enough.)

It seems that she liked visiting Fort Lauderdale. If convicted of a felony, she is effectively banned from entry into the USA for life and would need permission in advance so any time she wanted to cross the border. I expect that she would also be automatically put on the no fly list, too, so she is not going anywhere for some time.

In a nutshell, if convicted ,her days of s'amuser a la plage are finished.
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Transpacificflyer is offline  
Old Feb 19, 2019, 6:36 am
  #32  
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Join Date: Jun 2013
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Originally Posted by Transpacificflyer
It seems that she liked visiting Fort Lauderdale. If convicted of a felony, she is effectively banned from entry into the USA for life and would need permission in advance so any time she wanted to cross the border. I expect that she would also be automatically put on the no fly list, too, so she is not going anywhere for some time.

In a nutshell, if convicted ,her days of s'amuser a la plage are finished.
Does this charge meet the criteria for extradition? If it doesn't or isn't serious enough that Florida would pursue extradition her better course might be to not return for trial. Unless she can negotiate a very favourable plea deal she won't be allowed back into the U.S. and may be put on the no-fly list whether she's convicted or not so it's not much of a loss to simply stay home never to return.
Badenoch is offline  
Old Feb 19, 2019, 10:20 am
  #33  
 
Join Date: Apr 2009
Location: YYC / random hotel in YYZ
Programs: Back of the bus
Posts: 922
Originally Posted by Transpacificflyer
Case Update: She's charged with a Felony (2nd degree). The specific charge is False report of Bomb / weapon of mass destruction
In Florida, A second-degree felony is punishable by up to fifteen years in prison, fifteen years probation, and a $10,000 fine.
Florida has mandatory minimum prison sentences and it determines incarceration periods using the Florida Punishment Code Score sheet. A 2nd degree felony is good for 10 points. Typically, in Florida a conviction of a felony of 44 points or less and a clean record does not result in jail time. For reference sake, she only had a parking violation in Broward county back in 2015. (Yes, I looked up her record.)

A judge can always send someone away to teach him/her a lesson. However, with a bond of only $5,000 it seems that the court did not consider her to be dangerous. I do note that the statute leaves her open for some serious civil litigation as per section 4.

790.163 False report about planting bomb, explosive, or weapon of mass destruction; penalty.—
(1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166; and any person convicted thereof commits a felony of the second degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.
(2) Notwithstanding any other law, adjudication of guilt or imposition of sentence for a violation of this section may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, co-conspirators, or principals.
(3) Proof that a person accused of violating this section knowingly made a false report is prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise misinform any person.
(4) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.


As per Section 4, the accused once found guilty can be pursued for the additional costs incurred by the airport, Air Canada and even passengers.

Additional Information: She was sitting in 30 A and her partner was in 30 C Flight 1609 Feb. 12 Flight aware shows that this event delayed the aircraft departure by approx. 3 hours.
Her partner posted bail. (Although his name is public, I won't name him as I expect he is already humiliated enough.)

It seems that she liked visiting Fort Lauderdale. If convicted of a felony, she is effectively banned from entry into the USA for life and would need permission in advance so any time she wanted to cross the border. I expect that she would also be automatically put on the no fly list, too, so she is not going anywhere for some time.

In a nutshell, if convicted ,her days of s'amuser a la plage are finished.
1) She is deemed inadmissable if the felony is considered a CMT (Crime of moral turpitude). There are other exceptions that would get her out of it, but I haven't looked at how the charge sits.

2) She can apply for an i-194 waiver, which is granted at CBP/DHS discretion for periods of 6 months to 5 years at a time. Likelyhood she would have to wait a few years to apply to have success (has to show remorse / etc) or she could argue hardship if she has significant ties to the US (ie, family, property, business interests, etc).

3) While waiting for the waiver she could apply for Port Parole (ie, permission by the port of entry to let her in for specific purposes). These are generally only on humanitarian or compassionate grounds. Lots of reasons they could grant this.

US No-fly list is NOT automatic. You can have a record and be technically inadmissable but have no problems flying over the US / etc.

AC might designate her as no fly / DHP or whatever they want to... that is entirely different.
jazzsax is offline  


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