Is there a warrant out for me?
Sep 13, 2008, 4:12 pm
#16
Join Date: Mar 2007
Posts: 32
So if I were in your shoes.. I wouldn't set my foot on a plane headed to the US without having talked to a lawyer first!
By the way - I've heard that they don't need proof when it comes to stat rape cases - allegations are good enough as long as it's a girl accusing an older guy. If it's an older woman (teacher or whatnot) sleeping with a boy, they usually just get a slap on the wrist. Yes I know it's unfair - but such is life!
Good luck...
Sep 13, 2008, 4:20 pm
#17
Join Date: Jan 2005
Location: OAK
Programs: AS MVPG 100k
Posts: 3,756
I suggest using the web to find a small AZ law firm, and giving them a call on Moday afternoon your time (9am AZ time). It may even be worth a try calling right now - it's mid-afternoon Saturday, and you may get lucky. Looking in a small town (say Williams) may help you find a small firm.
I suggest posting to the TravelBuzz forum - with a title like "FT Lawyers - Urgent Help Please !" - and ask about the easiest/fastest way to find out if there is a warrant.
Sep 13, 2008, 4:28 pm
#18
Join Date: Feb 2005
Posts: 974
You must have had some contact with the USA after you left in 2002 to know that your girlfriend " turned you in ".
Was this contact an e-mail or phone call from your girlfriend saying something along the lines of " I hate you, you bast___, I am calling the cops. " Or was it some sort of official notice from law enforcement authorities ?
Also, if the deed which led to the accusations of statutory rape occured in Arizona, I would be VERY surprised if the police were waiting for you with an arrest warrant when you arrive in Florida.
All things considered I would probably stay home until you have a chance to find out more about what charges might / might not have been laid. At very least don't go back to Arizona.
You should be able to make changes to or cancel a plane ticket that cost $ 2000 .
Was this contact an e-mail or phone call from your girlfriend saying something along the lines of " I hate you, you bast___, I am calling the cops. " Or was it some sort of official notice from law enforcement authorities ?
Also, if the deed which led to the accusations of statutory rape occured in Arizona, I would be VERY surprised if the police were waiting for you with an arrest warrant when you arrive in Florida.
All things considered I would probably stay home until you have a chance to find out more about what charges might / might not have been laid. At very least don't go back to Arizona.
You should be able to make changes to or cancel a plane ticket that cost $ 2000 .
Last edited by thebobmc; Sep 13, 2008 at 4:37 pm
Sep 13, 2008, 4:33 pm
#19
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Geez, the most fun I ever had in Arizona was getting ‘faced at a Ramada Inn.
Sep 13, 2008, 4:43 pm
#21
Join Date: Apr 2006
Location: New York City/NY22
Programs: AA Platinum 2.3MM (Lifetime PLT)
Posts: 5,285
OP, what is your urgent need to get here by Tuesday in light of the three messes you have left for several years?
Here is the "find a lawyer" web site of the State Bar of Arizona.
In the meantime click here for motivation: Joe Arpaio.
Here is the "find a lawyer" web site of the State Bar of Arizona.
In the meantime click here for motivation: Joe Arpaio.
Sep 13, 2008, 5:01 pm
#22
Join Date: Apr 2006
Location: New York City/NY22
Programs: AA Platinum 2.3MM (Lifetime PLT)
Posts: 5,285
What a surprise!
From Sheriff Joe's web site:
"Click here for the names of those with active warrants."
Use this at your own risk.
Read the warnings.
"Click here for the names of those with active warrants."
Use this at your own risk.
Read the warnings.
Sep 13, 2008, 5:08 pm
#23
Join Date: Aug 2008
Location: Chicago, IL
Programs: HA, AA, Starwood
Posts: 78
While I am an attorney, I am not licensed to practice law in AZ, and this is not legal advice. You should consult an attorney licensed to practice in the relevant jurisdiction and familiar with the relevant law before making legal decisions.
That being said, and assuming that this is not a joke...
I was in arizona in 2002, and bought a car there. There was some problems with my creditcard, so after about a month the owner came and took it with him. After about 14 days I went back to europe. My question is, is there a warrant out for my arrest when I enter florida next week?
For what? Credit card fraud? If the owner got his car back, there's almost certainly no way a DA would have opened a case on this unless you pulled something worse than a denied charge transaction. If you did do something fraudulent, then yes, you might very well be looking at a pending charge.
Also I opened a bank account in arizona, and left about 5 bucks on it. It says in the terms that if there is less than 100 dollars, it will be charged with 25 dollars a month. So that could add up to some thousands now. Could that give me problems??
While it does depend on the terms of your account, usually what happens is that if the account goes to zero because of fees, it just gets closed. There might be some pending payments due but anti-usury laws usually forbid the monthly fees just adding up forever. Of the three issues, this is the least of your worries.
Last but not least i had a gf who at that time was 17. After I went back to Europe, she turned me in for having sex with an underage person. Could the police be waiting for me in the immigration in the airport in florida?
They absolutely could, if you have a warrant out for your arrest for statutory rape. It's not likely, in that US states don't necessarily communicate these things all that well yet, but they get better every day. If I were you, I absolutely would not enter the United States without consulting an attorney. One thing you COULD do fast is to see if your name appears on the sex offender list for AZ. Most states don't put you on there without a conviction, but it costs nothing to look.
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.
M
That being said, and assuming that this is not a joke...
I was in arizona in 2002, and bought a car there. There was some problems with my creditcard, so after about a month the owner came and took it with him. After about 14 days I went back to europe. My question is, is there a warrant out for my arrest when I enter florida next week?
For what? Credit card fraud? If the owner got his car back, there's almost certainly no way a DA would have opened a case on this unless you pulled something worse than a denied charge transaction. If you did do something fraudulent, then yes, you might very well be looking at a pending charge.
Also I opened a bank account in arizona, and left about 5 bucks on it. It says in the terms that if there is less than 100 dollars, it will be charged with 25 dollars a month. So that could add up to some thousands now. Could that give me problems??
While it does depend on the terms of your account, usually what happens is that if the account goes to zero because of fees, it just gets closed. There might be some pending payments due but anti-usury laws usually forbid the monthly fees just adding up forever. Of the three issues, this is the least of your worries.
Last but not least i had a gf who at that time was 17. After I went back to Europe, she turned me in for having sex with an underage person. Could the police be waiting for me in the immigration in the airport in florida?
They absolutely could, if you have a warrant out for your arrest for statutory rape. It's not likely, in that US states don't necessarily communicate these things all that well yet, but they get better every day. If I were you, I absolutely would not enter the United States without consulting an attorney. One thing you COULD do fast is to see if your name appears on the sex offender list for AZ. Most states don't put you on there without a conviction, but it costs nothing to look.
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.
M
Last edited by MarcWPhoto; Sep 13, 2008 at 5:14 pm
Sep 13, 2008, 5:14 pm
#24
Join Date: Apr 2006
Location: New York City/NY22
Programs: AA Platinum 2.3MM (Lifetime PLT)
Posts: 5,285
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.
M
M
I recently compared notes with some fellow law school alumni who practice in the PHX area and the criminal justice system there is very hard line and not generally inclined to give people a break.
Sep 13, 2008, 5:28 pm
#25
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Well, usually you aren't going to get a girl unless you have a car. So, if the original owner came after the car, maybe the gf took off?
Sep 13, 2008, 5:34 pm
#26
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OP,
Do not travel to the u.s. until you have contacted a lawyer. In the meantime you could use a criminal background check website to see if there is any information on you out there. There are several reputable ones that offer searches in several jurisdictions.
Good Luck.
BTW, I think you probably had an awesome time in the u.s. your first time round. Glad you got to enjoy yourself in america, and ignore those who don't get it ^
Do not travel to the u.s. until you have contacted a lawyer. In the meantime you could use a criminal background check website to see if there is any information on you out there. There are several reputable ones that offer searches in several jurisdictions.
Good Luck.
BTW, I think you probably had an awesome time in the u.s. your first time round. Glad you got to enjoy yourself in america, and ignore those who don't get it ^
Sep 13, 2008, 5:37 pm
#27
Join Date: May 2005
Location: various cities in the USofA: NYC, BWI, IAH, ORD, CVG, NYC
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Posts: 5,485
Sheriff Joe Arpaio
Protecting and Serving the Valley of the Sun
Since 1871
Protecting and Serving the Valley of the Sun
Since 1871
[Looks at warrant list]: Note to self: Never move to UNK street.
Sep 13, 2008, 11:16 pm
#28
Join Date: Aug 2008
Location: Chicago, IL
Programs: HA, AA, Starwood
Posts: 78
That's absolutely correct as a general matter of criminal law in the United States.
I recently compared notes with some fellow law school alumni who practice in the PHX area and the criminal justice system there is very hard line and not generally inclined to give people a break.
I recently compared notes with some fellow law school alumni who practice in the PHX area and the criminal justice system there is very hard line and not generally inclined to give people a break.
Don't forget whatshisname the big-shot director is STILL hiding out in France from a statutory rape charge in the US. This though the statutory-rapee doesn't even want him prosecuted any more. He's been on the lam for what, thirty-five years?
*Google-fu*
His name is Roman Polanski, that's right. And it's "only" thirty years this year since he fled the US and hasn't dared enter a country with an extradition treaty with us since. (He's a French citizen and France will not extradite its own citizens, for which I commend them.) Happy Anniversary, Roman!
M
Sep 13, 2008, 11:34 pm
#29
Join Date: Jan 2005
Location: OAK
Programs: AS MVPG 100k
Posts: 3,756
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.
Sep 13, 2008, 11:34 pm
#30
Original Poster
Join Date: Sep 2008
Posts: 15
You must have had some contact with the USA after you left in 2002 to know that your girlfriend " turned you in ".
Was this contact an e-mail or phone call from your girlfriend saying something along the lines of " I hate you, you bast___, I am calling the cops. " Or was it some sort of official notice from law enforcement authorities ?
Was this contact an e-mail or phone call from your girlfriend saying something along the lines of " I hate you, you bast___, I am calling the cops. " Or was it some sort of official notice from law enforcement authorities ?
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.