Flying to the US with a misdemeanor DUI warrant
Jan 9, 2014, 4:42 pm
#32
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Please confine comments to the matters at hand.
And please keep the political/social commentary on OMNI. Thanks
squeakr
co Mod TS/S
squeakr
co Mod TS/S
Jan 9, 2014, 8:40 pm
#33
Formerly known as billinaz
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This is actually pretty simple.
Bench warrants will only usually get you taken into custody in the local jurisdiction where it was issued. It is highly unlikely that you will be arrested for that warrant elsewhere. Usually they are not extraditable.
But the easy way to dispose of this is to contact the court where you were convicted and explain the situation. You should have paperwork from the attorney you hired that listed your conditions.
A very common thing to do is let you fulfill the community service, jail time, etc where you live now. You just arrange it with a local court there and they will close it all once the community service (if thats all that you are missing) is done.
Bench warrants will only usually get you taken into custody in the local jurisdiction where it was issued. It is highly unlikely that you will be arrested for that warrant elsewhere. Usually they are not extraditable.
But the easy way to dispose of this is to contact the court where you were convicted and explain the situation. You should have paperwork from the attorney you hired that listed your conditions.
A very common thing to do is let you fulfill the community service, jail time, etc where you live now. You just arrange it with a local court there and they will close it all once the community service (if thats all that you are missing) is done.
Jan 9, 2014, 8:42 pm
#34
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Is your lawyer versed in immigration law. If not and as far as future travel to the US I would also consult with an immigration lawyer - some violations can make you inadmissible to the US and can possibly have you deported even though you may not be aware of it. I believe DUI is a deportable offence but I'm not a lawyer so I would look into it.
They dont deport people for a dui, or two.
And now its even worse with the Govt "parole in place" program for convicted criminals illegally in the US that want to stay.
Jan 9, 2014, 9:10 pm
#35
Join Date: Nov 2010
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I live in San Diego and about 30 mins drive from the Mexican border so I'm aware of that. However, it is a lot easier to turn someone around when coming into the country than to be rounding up and deporting those already here - just a lot more effort.
Jan 10, 2014, 3:54 pm
#36
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It sounds like the lawyer did do the job. The OP received community service, so the case was adjudicated. After a period of time passed, and the OP hadn't sent proof that the community service was complete, a bench warrant was issued. Completion of the community service should clear things up, plus maybe an additional X hours.
Either the lawyer failed to notify the OP (most likely not) or he did and the OP didn't realize what exactly it was.
To the OP, what else did you do besides pay the lawyer? Was there a fine? Obviously the usual US punishment for a DUI - driving classes, restricted driving privileges or license suspension, a fine and maybe some community service - would not be given to a non-resident. I would assume a fine and community service was the most likely result. So, did you pay a fine, either directly or through your lawyer?
Either the lawyer failed to notify the OP (most likely not) or he did and the OP didn't realize what exactly it was.
To the OP, what else did you do besides pay the lawyer? Was there a fine? Obviously the usual US punishment for a DUI - driving classes, restricted driving privileges or license suspension, a fine and maybe some community service - would not be given to a non-resident. I would assume a fine and community service was the most likely result. So, did you pay a fine, either directly or through your lawyer?
Jan 10, 2014, 5:17 pm
#37
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Some of the posts in this thread show exactly why OP needs a lawyer in NM to look into this. It's filled with anecdotal stories about what happens elsewhere.
1. This is not about deportation, it's about being taken into custody upon arrival and possibly excluded. Has zippo to do with deportation.
2. Most jurisdictions won't extradite on local misdemeanor stuff, but warrants are nonetheless visible to CBP and CBP will at a minimum hold until some local agency makes a decision not to extradite. That could take 3 minutes or 3 days. And, just because the locals won't extradite doesn't mean that CBP will admit you.
3. This warrant apparently isn't for DUI, it's likely for contempt for failure to obey a court order, e.g., complete community service. That's a whole lot more serious in CBP's view because it goes to whether you obey the law when ordered to do so.
4. Whether OP's original lawyer loused up and should be disbarred, suspended or otherwise punished is an entirely separate matter and has zippo to do with whether CBP will admit OP to the USA.
Who knows who said what to whom. OP can either stick with his original lawyer or get a new one. But, hand-wringing on an anonymous Internet board ain't gonna fix his problem.
1. This is not about deportation, it's about being taken into custody upon arrival and possibly excluded. Has zippo to do with deportation.
2. Most jurisdictions won't extradite on local misdemeanor stuff, but warrants are nonetheless visible to CBP and CBP will at a minimum hold until some local agency makes a decision not to extradite. That could take 3 minutes or 3 days. And, just because the locals won't extradite doesn't mean that CBP will admit you.
3. This warrant apparently isn't for DUI, it's likely for contempt for failure to obey a court order, e.g., complete community service. That's a whole lot more serious in CBP's view because it goes to whether you obey the law when ordered to do so.
4. Whether OP's original lawyer loused up and should be disbarred, suspended or otherwise punished is an entirely separate matter and has zippo to do with whether CBP will admit OP to the USA.
Who knows who said what to whom. OP can either stick with his original lawyer or get a new one. But, hand-wringing on an anonymous Internet board ain't gonna fix his problem.
Jan 10, 2014, 7:53 pm
#38
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Often1 speaks the truth
Strong words about a difficult situation but he's on the money with this.
Jan 16, 2014, 2:06 pm
#39
Join Date: Feb 2010
Posts: 1,347
Some of the posts in this thread show exactly why OP needs a lawyer in NM to look into this. It's filled with anecdotal stories about what happens elsewhere.
1. This is not about deportation, it's about being taken into custody upon arrival and possibly excluded. Has zippo to do with deportation.
2. Most jurisdictions won't extradite on local misdemeanor stuff, but warrants are nonetheless visible to CBP and CBP will at a minimum hold until some local agency makes a decision not to extradite. That could take 3 minutes or 3 days. And, just because the locals won't extradite doesn't mean that CBP will admit you.
3. This warrant apparently isn't for DUI, it's likely for contempt for failure to obey a court order, e.g., complete community service. That's a whole lot more serious in CBP's view because it goes to whether you obey the law when ordered to do so.
4. Whether OP's original lawyer loused up and should be disbarred, suspended or otherwise punished is an entirely separate matter and has zippo to do with whether CBP will admit OP to the USA.
Who knows who said what to whom. OP can either stick with his original lawyer or get a new one. But, hand-wringing on an anonymous Internet board ain't gonna fix his problem.
1. This is not about deportation, it's about being taken into custody upon arrival and possibly excluded. Has zippo to do with deportation.
2. Most jurisdictions won't extradite on local misdemeanor stuff, but warrants are nonetheless visible to CBP and CBP will at a minimum hold until some local agency makes a decision not to extradite. That could take 3 minutes or 3 days. And, just because the locals won't extradite doesn't mean that CBP will admit you.
3. This warrant apparently isn't for DUI, it's likely for contempt for failure to obey a court order, e.g., complete community service. That's a whole lot more serious in CBP's view because it goes to whether you obey the law when ordered to do so.
4. Whether OP's original lawyer loused up and should be disbarred, suspended or otherwise punished is an entirely separate matter and has zippo to do with whether CBP will admit OP to the USA.
Who knows who said what to whom. OP can either stick with his original lawyer or get a new one. But, hand-wringing on an anonymous Internet board ain't gonna fix his problem.
First, excluded is a term that went away with the 96 ACT.
Second, a DUI conviction will not make you inadmissible to the United States so even if he was convicted of the charge of DUI he still will would not be refused entry.
Third, the mere fact of having a active arrest warrant does NOT make the person inadmissible to the United States.
Fourth, It will not take three days for the decision to be make if extradition will occur. The standard is the agency that has entered the warrant into NCIC has ten minutes to confirm the warrant and if it will extradite OR respond with what the time frame for that decision will be and it must be reasonable. (meaning an hour or maybe two) it would not be measure in days.
FB
Jan 19, 2014, 9:22 am
#40
Join Date: Sep 2012
Posts: 574
It would be nice if the OP some day told us how it got resolved,
to help anyone in a similar predicament. I remember very little
my attorney told me was true, and I could not check the
"Official" criteria for Probation Violation because no one could
tell me where it was written.
to help anyone in a similar predicament. I remember very little
my attorney told me was true, and I could not check the
"Official" criteria for Probation Violation because no one could
tell me where it was written.