CBP San Ysidro border arrest for out of state misdemeanor warrant
 

Hi Guys,

I've read most of the threads about entering the US as a citizen and CBP arresting an individual for out of state warrants. I'm hoping somebody has heard of or experienced a situation like mine:

I got a misdemeanor DUI Miami. I bailed out on $2500 bond, got a lawyer who began to fight the case then I moved to Spain for 9 months. After Spain I moved to Colombia (where I'm writing this from. At least I know I'm not on a no fly list).

The smart thing for me to do would be have my lawyer go to court for me and let the judge know that I want to come back to Miami and resolve the warrant. However, there will be jail time since there was property damage and that means losing my cush, work from home position that allows me to live and travel the world. I'm not going to voluntarily do that.

That being said, I want to meet my brother in Tijuana and cross into San Diego via San Ysidro border. I've crossed there before by foot. The line is ridiculously long and I saw not one person detained. Gangsters with tattoos all over their face we're being waived right in. I can't imagine everyone in line that day had no misdemeanor warrants, but who knows.

So my questions are:

1. Anybody have a similar story at San Ysidro crossing on foot.
2. If I roll the dice, what chance would you give me of walking into the US? I'm thinking 50/50 after reading the other threads similar to this one.
3. Has anyone heard of Florida extraditing from as far as California for misdemeanor warrant?

Thank you for your insight.

-Jesse

Or CBP arrests you for the federal offense of Unauthorized Flight to Avoid Prosecution (18 USC 1073) and CBP dumps you back in Florida where the locals simply arrest you on your old warrant.

No way of gaming percentages for anything these days. It could be your lucky or very unlucky day.

What does your lawyer say about a no jail time plea in light of the C-19 situation?

100%. Assuming you are a U.S. citizen, regardless you will be arrested or not, CBP has to admit you for sure.

However, I believe the real question is your chance walking out of San Ysidro Port of Entry. For that, it will be almost 100%. Because FL needs to be responsible for the extradition costs, FL won't pay thousands of dollars just for a DUI. Usually, CBP, after consulting the agency issuing the warrant, will act accordingly. But still, you will be detained (i.e. handcuffed) first by CBP onsite pending the consultation.

You should try to enter the U.S. in the early morning (i.e. before 6 am) of a business day to avoid overnight detention. If CBP can't get you released, you will have to be jailed for the night.

No, because of the costs.

Felonies only. So OP can't be prosecuted by this statute because it is merely a misdemeanor.

Thanks for the response. So for the 18 USC 1073, it looks that is for felonies and high misdemeanors:

The words "offense punishable by imprisonment in a penitentiary" were substituted for "felony" to make the statute uniformly applicable and to include crimes of the grade of felony even where, as in New Jersey, they are denominated as misdemeanor, high misdemeanor or otherwise.

That's from house.gov (I can't post links yet).

I'll check with my lawyer about the no jail time plea. That's a really good idea.

Thanks,

Jesse

GaryKung - Thanks for the info. I don't mind spending one night in jail. I just don't want to be held for 30 days while Florida figures out whether they want extradite me. That will probably cause me to lose my job too.

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.

If you are thinking of doing this now, someone can correct me if it's changed, but I believe the borders are closed anyway. Is there even an expiration yet?

Most ports of entry are still operational, with some was temporarily closed and some have reduced hours.

The travel ban aims to restrict non-exempted travelers from entering, but not about restrict traveling in-and-out of the U.S.

San Ysidro remains open as 24/7, as it is a major passenger and commercial port.

(A side note - even Dublin pre-clearance is still open now...)

Thank you TWA884. What about arrested entering the border for an out of state misdemeanor warrant? Should I expect that?

The border remains open. Admissibility is significantly restricted. However, OP is a US citizen. He is entitled to enter the US. He will likely be subject to a 14-day quarrantine.

talking to our local police department yesterday... they said, that due to this virus issue..unless you have committed murder/rape and other major crimes...
they are not taking anyone to jail..
hope this helps you out a little..

Thanks. I think I'm stuck in Colombia until the 27th of this month. Maybe the situation will still be the same.

This is absolutely not the case in every county.

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.

you are right.. but I have a feeling.. with the prisons being emptied out.. that might be the case in quite a few