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CBP San Ysidro border arrest for out of state misdemeanor warrant

CBP San Ysidro border arrest for out of state misdemeanor warrant

Old Apr 8, 20, 3:36 pm
  #16  
 
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Originally Posted by fotographer View Post
you are right.. but I have a feeling.. with the prisons being emptied out.. that might be the case in quite a few
Without revealing too much of my job, my info is that as of Friday, at least, SD County Jail was accepting bookings. An out of state warrant would be handled a bit differently than a drunk in public or even a local DUI charge.
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Old Apr 8, 20, 3:38 pm
  #17  
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Originally Posted by nmpls View Post
This is absolutely not the case in every county.
Agree. At least, if OP was wanted in San Diego County, CA (or any county in California), OP will be detained and transferred to San Diego County Jail for further proceeding.

Originally Posted by carlitos View Post
Just a curiosity question. How much is your lawyer charging you (Total) to defend you in FL for a DUI/DWI?

That also has to be expensive, not counting anything else related to the misdemeanor. I have always been curious about how much would that cost, in order to tell my teenage nephews of the consequences.
My friend had an experience like that. It costs at least $5K.

First, you have to get a lawyer fight the DUI charge (at least for a reduced sentence to infraction). Then you have to fight for the license suspension. Penalties, court costs, as well as the court-imposed courses will add up quick.

The good news is because DUI is charged as misdemeanor, so public defender is usually available. The bad news is public defender won't fight for your license. This practically forces anyone charged to hire their own lawyers.
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Old Apr 8, 20, 3:42 pm
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Originally Posted by garykung View Post
Agree. At least, if OP was wanted in San Diego County, CA (or any county in California), OP will be detained and transferred to San Diego County Jail for further proceeding.



My friend had an experience like that. It costs at least $5K.

First, you have to get a lawyer fight the DUI charge (at least for a reduced sentence to infraction). Then you have to fight for the license suspension. Penalties, court costs, as well as the court-imposed courses will add up quick.

The good news is because DUI is charged as misdemeanor, so public defender is usually available. The bad news is public defender won't fight for your license. This practically forces anyone charged to hire their own lawyers.
I was a PD at one point. They were a huge amount of fun, and we're the only people going to trial on deuces because trials are really expensive. And if you're not willing to go to trial, you're not getting the best deal on edge cases. If I could just do DUIs, I'd still be PD, I really like the science.
And yeah, we won't do the admin hearings, not funded for it. It really sucks to get a DUI dismissed or NGed, and still have that consequence. The CA DMV, however, has given some clients of mine breaks if they show the case was dumped.
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Old Apr 8, 20, 4:39 pm
  #19  
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Feel free to look up your name here: Wanted Persons

Then here: https://www2.miami-dadeclerk.com/cjis/

And finally here: https://www2.miami-dadeclerk.com/trafficapp/

What I will say is that you'd be entering through San Ysidro CA - and since the DUI is a misdemeanor and not a felony DUI, Florida may not want to foot the bill to extradite you (given how cheap the state is, it wouldn't surprise me). However, if you're not a US citizen, that might be enough to deny you entry, given CBP's seemingly broad powers to do whatever they hell they want.
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Old Apr 8, 20, 4:52 pm
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Originally Posted by nmpls View Post
And yeah, we won't do the admin hearings, not funded for it.
Well...the existence of PD is to satisfy the right to counsel in criminal matters. It is never designed to handle civil matters.

Originally Posted by nmpls View Post
It really sucks to get a DUI dismissed or NGed, and still have that consequence. The CA DMV, however, has given some clients of mine breaks if they show the case was dumped.
It really depends on the DMV. AFAICT, most suspension cases are upheld even with judicial review. So if DMV really wants to let the drivers go, they can.

That explains why the total cost of a DUI case is at least $5K, as it involves many aspects.
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Old Apr 8, 20, 5:20 pm
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Originally Posted by CashMoneyVagrant View Post
I think I'm stuck in Colombia until the 27th of this month.
If you're contemplating connecting in PTY on your return from Colombia, you should read this thread.
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Old Apr 8, 20, 6:00 pm
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Originally Posted by YadiMolina View Post
If you're contemplating connecting in PTY on your return from Colombia, you should read this thread.
The cases are different.

In the link, OP was a British national (i.e. nobody for the U.S.). In this thread, OP is assumed to be a U.S. citizen.

Also - per OP's plan, OP will land in a Mexican airport first (but not TIJ due to CBX) and go through San Ysidro. I don't see how PTY comes into the play here.
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Old Apr 9, 20, 11:08 am
  #23  
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Originally Posted by TWA884 View Post
I have several decades experience of practicing criminal law in California. I have handled extradition matters. I have yet to see anyone extradited to another state on a misdemeanor warrant or arrested and charged by the feds for flight to avoid prosecution when the underlying charge is a misdemeanor.

That being said, there is always a first time.
Thanks, do you remember cases of out of state misdemeanor warrants causing an arrest by CBP at the border?

There's also one other variable I forgot to tell you guys about. When I got my driver's license in Miami, the DMV worker screwed up on my last name. So lets say my last name is Brandon, well she put something like Brendon. I have to imagine that it's SSN used between courts, DMVs and CBP. But it still makes me wonder it will some how make difference.

Last edited by TWA884; Apr 9, 20 at 3:12 pm Reason: FT Rule 14: Merge consecutive posts by the same member
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Old Apr 9, 20, 3:28 pm
  #24  
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Originally Posted by CashMoneyVagrant View Post
Thanks, do you remember cases of out of state misdemeanor warrants causing an arrest by CBP at the border?
I never handled cases involving clients who were arrested by the CBP.
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Old Apr 9, 20, 4:14 pm
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"When I got my driver's license in Miami..."

I had a similar situation, my lawyer said CBP will see the warrant but don't have time or resources to go through the hassle of extraditing you on a misdemeanor.
Since you bring up the license issue, your driving privileges are most likely suspended in all states. DUI laws have become so severe I was told I had to take the DMV
class on DUIs TWICE (in two different states) since the arrest was in Florida and the license was from California. Talk about screwy.
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Old Mar 21, 21, 11:46 am
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Yes jessie i think your name was YOU WILL BE ARRESTED. I made the mistake yesterday of having my boyfriend come back "with happy family" in car and all that then found out how they arrest 1000s of people each year for misdamenor and felony warrents . smh i havent even talked to him yet since.
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Old Mar 22, 21, 12:32 pm
  #27  
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Thanks for the info Snako17 and I hope he gets released soon. A couple questions, do you know if his warrant was misdemeanor or felony? Also, was it an out of state warrant?

Thank you
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Old Mar 22, 21, 4:09 pm
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Originally Posted by yandosan View Post
"When I got my driver's license in Miami..."

I had a similar situation, my lawyer said CBP will see the warrant but don't have time or resources to go through the hassle of extraditing you on a misdemeanor.
Since you bring up the license issue, your driving privileges are most likely suspended in all states. DUI laws have become so severe I was told I had to take the DMV
class on DUIs TWICE (in two different states) since the arrest was in Florida and the license was from California. Talk about screwy.
Yup, that's what the National Driver Register is for.
CBP will see any warrants on you if the local agency added this information into the FBI run NCIC database, because of the copious amounts of information this database holds, this is one of the first things that they automatically do when you submit yourself at primary and present your citizenship documents. CBP makes the call if they want to hold you or let you go, but I'm sure they will do due their diligence and investigate this further with whoever has this "want" on you.

I would ask your lawyer to see if they have an bench warrant out for you, if that's the case then CBP is going to be aware of it and if you want to keep your freedom, I would stay far away from the United States. When you post bond, it means that you promised that you would show up to court at a certain date, once that date is passed, the court starts looking for you.
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Last edited by i0wnj00; Mar 22, 21 at 4:19 pm
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