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-   -   Is there a warrant out for me? (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/865759-there-warrant-out-me.html)

dreamer81 Sep 14, 2008 12:52 am


Originally Posted by Landing Gear (Post 10365855)
Try inputting the following into Google:

arizona attorney criminal "24 hours" "gila county"

Nothing in this message is legal advice.

ANYONE YOU CALL, YOU DO SO AT YOUR OWN RISK!


called about 13 firms now, only one was open, but it was only a seceretary. I guess I'll have to wait.

Does it sound possible for an attorney to gather the required information in only two days?

dgwright99 Sep 14, 2008 12:56 am

You may have better luck in 8-9 hours time.

Landing Gear Sep 14, 2008 12:59 am


Originally Posted by dreamer81 (Post 10365876)
called about 13 firms now, only one was open, but it was only a seceretary. I guess I'll have to wait.


Odd. The Phoenix ones said 24/7 service. Saturday night is a big night for DWI arrests.


Originally Posted by dreamer81 (Post 10365876)
Does it sound possible for an attorney to gather the required information in only two days?

That depends on a lot of things I could not possibly know.

tom911 Sep 14, 2008 1:01 am


Originally Posted by Landing Gear (Post 10365891)
Saturday night is a big night for DWI arrests.

Probably a bigger demand for bail bondsmen than lawyers at this time of night.

polonius Sep 14, 2008 5:12 am


Originally Posted by dgwright99 (Post 10365694)
Polanski pled guilty, and fled prior to sentencing; in his case it was with a 13-year old, and in my book that is tantamount to child abuse. In no way comparable with the case of the OP.

Was it Henry Miller who wrote about finding a 14 year old runaway in Paris, taking her home and both he and his room-mate having sex with her a few times over a weekend before deciding to take her to the police?

Anyway, the things the OP is worrying about are nothing to compared what I did when I was his age (I mean really, he has possibly overdrawn a bank account???), and none of that ever led to any trouble at any time. I wouldn't given these kinds of "problems" a second thought.

dreamer81 Sep 14, 2008 6:24 am

That's also what I am thinking. If there was a warrant for my arrest, wouldn't I have heard something from the Arizona police, or from my own local police???

dg4255 Sep 14, 2008 6:38 am


Originally Posted by MarcWPhoto (Post 10364569)
Contrary to what some posters have theorized, I find it unlikely that the statute of limitations would be a bar to prosecuting you. Technically, you fled the country. If you're not where the prosecutor can get at you, the statute may or may not be tolled. That is, even if normally they'd have to prosecute you within a certain amount of time or the charges would not be prosecutable, the fact that you were outside the US might have hit the "Pause" button on the time that has to pass.

If you do decide to enter the country, keep in mind that they may seize your passport and return tickets, even if they don't take you into custody, if this comes to light. If you are detained, you would be well-advised to demand both a lawyer and access to your consulate immediately and to make no statements whatsoever before consulting them. You will certainly be deemed a flight risk by any potential court of prosecution because of your history.

As for fleeing the country, they would have to prove that he knew of an investigation or pending charges/warrant before he could be charged with "Fugitive Fleeing Prosecution". Second, the US Constitution bars individual states from negotiating or contacting any foreign government regarding crimes/criminals/wanted persons. Those responsibilities can only lie with the federal government. This is why many people can and do go overseas and never face prosecution because the state cannot get the feds to step in unless it is a crime of great magnitude or high-profile. Third, I am not sure you have mentioned your country of nationality, but in the case of several countries, it is forbidden to extradite citizens of certain countries to other countries. In Europe, France and Poland are quite famous for this. Look at Roman Polanski.
Any lawyer in AZ should be able to get the authorities to pull an NCIC on you to see if there are any outstanding warrants. All law firms accept credit cards, so they might only charge you a minimal fee (less than $100) to do that for you. If there are no warrants, then you are good to go.
If you don't check first, and you decide to go, and there is a warrant, KEEP YOUR MOUTH SHUT. SAY NOTHING!!! NOTHING!!! "I want a lawyer and to contact my embassy/consulate." That's it!!

dreamer81 Sep 14, 2008 8:54 am


Originally Posted by dg4255 (Post 10366423)
As for fleeing the country, they would have to prove that he knew of an investigation or pending charges/warrant before he could be charged with "Fugitive Fleeing Prosecution".

And since I have no idea that they want to talk to me, the statutes were probably eneded? Which meens the warrant has expired by now?

I have a friend in the US who knows a bounty hunter. He checked me up. And he couldn't find anything. Is that sufficient?

MarcWPhoto Sep 14, 2008 9:00 am


Originally Posted by polonius (Post 10366270)
Anyway, the things the OP is worrying about are nothing to compared what I did when I was his age (I mean really, he has possibly overdrawn a bank account???), and none of that ever led to any trouble at any time. I wouldn't given these kinds of "problems" a second thought.

Ah, but that was then and this is now and the OP is a foreign national. While I agree that from what we know it seems likely that he has not got that much to worry about, even though I am not giving him legal advice and I am not his lawyer, he does have cause for some concern and unless his business is so important it's worth the admittedly small risk that there are outstanding warrants for his arrest, he needs to clear it up before he enters the US.

Incidentally I agree with the prior poster who said that Polanski's doin's were not comparable to the OP's, and I apologize if it seemed that I was equating them. Again, based on what we know, I have no reason to think that the OP is a particularly evil person. I only meant to point out that once a crime, especially but not limited to a sex crime, goes on your record it can stay there a long, long time and follow you a long, long ways.

M

MarcWPhoto Sep 14, 2008 9:11 am


Originally Posted by dreamer81 (Post 10366758)
And since I have no idea that they want to talk to me, the statutes were probably eneded? Which meens the warrant has expired by now?

What that person was talking about was the possibility that you could be charged with a separate crime for purposefully fleeing the country (i.e. evading arrest.) He's right in that I shouldn't have phrased it that way: I'm not a criminal lawyer. However, the question of whether you could be charged for fleeing - which would be tough in most jurisdicitons since you left before you knew about the charge, but don't take it as given - is separate from whether the statute of limitations applies to the original charge. As others have pointed out, the general rule in the US is that if the suspect is out of the country, the statute does not run.


I have a friend in the US who knows a bounty hunter. He checked me up. And he couldn't find anything. Is that sufficient?
I would take that as a very good sign but I would still talk to a lawyer. I'm not sure what the bounty hunter (the modern PC term is "Bail Bond Recovery Agent," I think :) ) looked at. You could only be on a bail-bond recovery list if you'd posted a bond and failed to appear. Obviously you didn't. Most states do not offer general apprehension rewards for suspects, so you wouldn't necessarily have a bounty on your head from the state even if there were a charge pending. A NCIC check, as someone said, is probably what you want to look at.

M

dreamer81 Sep 14, 2008 9:58 am


Originally Posted by MarcWPhoto (Post 10366778)
I only meant to point out that once a crime, especially but not limited to a sex crime, goes on your record it can stay there a long, long time and follow you a long, long ways.

M

i understand

dreamer81 Sep 14, 2008 10:01 am


Originally Posted by MarcWPhoto (Post 10366821)
A NCIC check, as someone said, is probably what you want to look at.

M

who should I call to get such a check performed? Is that a lawyer or the police department?

bbc1969 Sep 14, 2008 11:47 am


Originally Posted by dreamer81 (Post 10367023)
who should I call to get such a check performed? Is that a lawyer or the police department?

You can try a lawyer, or the Gila County Sheriffs Department, or even maybe the Gila County Attorney (county prosecutors office).

1. The lawyer may be able to help, but they will want money. No guarantee they will even want to mess with your situation.

2. Sheriff's Department may or may not help you. Call's of "Do I have a warrant" are a pain, and come in more often than you think. They may have a policy not to give out that information with a phone call. Most likely so. It's not just as easy as loading your name in a computer. By law agencies have to have a reason to be running people in NCIC. An "odd" call out of the blue from overseas may not cut it in the opinion of the operator on duty who is the one responsible if things. don't go right.

3. Same with the County Attorney's office.

You would want to ask for the warrants section if during normal business hours. You need to have your thoughts straight, and know what you are asking for before you call. No offense, but if they get a call from overseas, and if they can't understand what you are saying, asking about warrants, they will loose patience quickly.

I personally don't think you have anything to worry about. But I am not a lawyer. Take my opinion as such.

Get on the plane, come to America. Sweat it out, go thru immigration and customs. Then breathe a big sigh of relief when you come out the other side.

IMStill4Travel Sep 14, 2008 11:59 am

Or....be pulled aside, interrogated, driven straight to jail and be prepared to be somebody's biotch. :cool:

fbrown627 Sep 14, 2008 12:01 pm

Is it possible that the girl, being young and hurt, just threatened to "turn you in" but did nothing?

Calling the police a month after you left is kind of suspicious. And you were already out of the country.

Timing is very important. If the complaintant takes too long, it may not be taken seriously by the DA. And do you really think she's going to hold a grudge six years later?

I'd take the advice here of contacting an attorney. How about a local attorney where you live who may have contacts in the US?

gfunkdave Sep 14, 2008 12:22 pm


Originally Posted by APS221 (Post 10364023)
Can't...stop...laughing.

I have to agree, after reading this whole thread.

Psychocadet Sep 14, 2008 12:50 pm


Originally Posted by dreamer81 (Post 10365697)
To be straigt forward it was this option: " I hate you, you bast___, I am calling the cops. "

I have never heard anything from the US police, or from my national police department.

I would expect the US police would call my police to find me, and then that way do something. But I haven't heard a thing.

Don't give them that much credit... they may have put a warrant out... and US ICE may kno about it.... but I really doubt they called interpol or your national police. That is because they are unlikley to spend the money to extrodite you .

Psychocadet Sep 14, 2008 12:57 pm


Originally Posted by dreamer81 (Post 10367003)
that is IF i am found guilty. I dont think i am guilty. Also if she turned me in, she did it 1-2 months after i left the US. If that is the case, why did she wait so long?

You don't THINK you are guilty. IF you had sex with her in ARIZONA and IF she was under under the age of consent AND there are no applicable statutory exceptions THEN you RAPED her.

Please do yourself a favor and do not reply to this post with any specifics because they can be used against you.

Ari Sep 14, 2008 12:57 pm

I don't see a likely problem, but my advice is worth what you paid for it.l

rc408 Sep 14, 2008 12:58 pm

You can look up any information on AZ court cases by going to this site: AZ Court or you know the county it may have been reported to you can go to their website.

bbc1969 Sep 14, 2008 2:41 pm


Originally Posted by Psychocadet (Post 10367714)
Don't give them that much credit... they may have put a warrant out... and US ICE may kno about it.... but I really doubt they called interpol or your national police. That is because they are unlikley to spend the money to extrodite you .


It's simple. IF Gila County Arizona issued a felony warrant for some sort of sex crime, it would have been entered into NCIC. IF OP presents himself to U.S. CBP at a port of entry and they scan his passport or enter his particulars, the felony warrant will show.

Given the slim information that the OP has presented, and IF that is about all there is to the situation, I find it HIGHLY unlikely that the Gila County Attorney's Office filed charges and requested a warrant. As a matter of fact I find it doubtful that The Sheriff's Office (or local Police Department in a city in Gila County) even requested a review for possible issuance of charges with the County Attorney. Again, that is given the information the OP has provided about a mad girlfriend who allegedly reported him to the police well after his departure.

But who knows? The OP either needs to just come take his medicine and see what happens, or shell out some dollars for real legal help to track this situation down. If his business is that important he should have dealt with this long ago, for his own piece of mind.

The good ole internet is only good for long threads of theories.

MarcWPhoto Sep 14, 2008 4:41 pm

Well said, bbc1969. It's always fun to treat these kinds of things seriously for discussion purposes, but what you just said is the real answer. Suck it up and find out, or stop beating around the bush and get an answer you can take to the bank.

M

Landing Gear Sep 14, 2008 6:45 pm


Originally Posted by MarcWPhoto (Post 10368489)
Well said, bbc1969. It's always fun to treat these kinds of things seriously for discussion purposes, but what you just said is the real answer. Suck it up and find out, or stop beating around the bush and get an answer you can take to the bank.

M

Agreed.

By the way, as I was surfing the internet today, I stumbled across an unusual web site, http://law.justanswer.com/?r=galaw&J...FQzBGgod4jK8Yg

I think it's safe to say that OP got at least $30 worth of advice here. :D

lin821 Sep 14, 2008 7:24 pm


Originally Posted by dreamer81 (Post 10365697)
To be straigt forward it was this option: " I hate you, you bast___, I am calling the cops. ".

(Bolding mine)

First of all, take all the advices from earlier posters with legal training/background.

Secondly, if that's the words your then-angry-17-year-old-ex GF used, I would probably take it as the equivalent of "you go to hell" or "drop death" kind of curse. Even broken-hearted, she might have never contacted the police ever. Not sure if my guess would give you any comfort though.

Good luck!

ps. I ain't no lawyer and am not giving you any legal advice.

Aldoman Sep 14, 2008 9:30 pm

The relevant information missing is whether the ex was such a b**** that she would go through all the hassle of telling the cops and the OP is now afraid OR the OP is just extremely cautious in everything he does.

Anyways, she scared the hell out of him, thus, the ex won.

Cholula Sep 15, 2008 9:12 am

Since the OP has deleted his original post, we'll close this down to further discussion.

Thanks.


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Travel Safety/Security Forum Moderator


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