FlyerTalk Forums

FlyerTalk Forums (https://www.flyertalk.com/forum/index.php)
-   Practical Travel Safety and Security Issues (https://www.flyertalk.com/forum/practical-travel-safety-security-issues-686/)
-   -   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 13, 2008 12:28 am

Is there a warrant out for me?
 
advice taken....

APS221 Sep 13, 2008 2:53 pm

Lol
 
Can't...stop...laughing.

dreamer81 Sep 13, 2008 2:56 pm

this is not a joke!

dgwright99 Sep 13, 2008 3:04 pm

The statutory rape issue is the one you should be worried about.

I suggest that you seek legal advice before planning to visit the USA - finding an AZ lawyer should be easy with a few minutes Googling.

n5667 Sep 13, 2008 3:08 pm

She may have turned you in, but if charges were never actually filed, then the statute of limitations probably applies.

dgwright99 Sep 13, 2008 3:16 pm


Originally Posted by n5667 (Post 10364096)
She may have turned you in, but if charges were never actually filed, then the statute of limitations probably applies.

I recommend being sure before risking incarceration. Call a lawyer.

dreamer81 Sep 13, 2008 3:17 pm


Originally Posted by n5667 (Post 10364096)
She may have turned you in, but if charges were never actually filed, then the statute of limitations probably applies.

What does "statute of limitations" meen?

dgwright99 Sep 13, 2008 3:25 pm


Originally Posted by dreamer81 (Post 10364133)
What does "statute of limitations" meen?



If there is a warrant for my arrest due to the statutory rape, will I be denied entry to the US and send back to europe, or will they put me in jail?

Statute of limitations means in in effect - "too long ago".

Only a lawyer is qualified to answer the other questions. Seriously, if you are thinking of visiting the USA, get advice from an AZ attorney. It will probably cost much less than you expect for basic advice.

fbtr Sep 13, 2008 3:31 pm


Originally Posted by dreamer81 (Post 10361793)
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?

Hi I'm no lawyer, but I personally don't see the problem with a 22 year old banging a 17 year old.. it's pretty normal. Here in Italy the age of consent is 14; in my home state in the US it was 16, I think that's what the average is in US states - but you might want to check up on the law for where ever the sex occured to see if it was a crime there...

ludocdoc Sep 13, 2008 3:35 pm

Nobody else wonders why dude buys a car on his credit car dand then immediately moves to europe? What, was the car going to be your second checked bag? Were you going to use it to transport the girls body? I s it all just one big misunderstanding?

dgwright99 Sep 13, 2008 3:45 pm


Originally Posted by fbtr (Post 10364198)
Hi I'm no lawyer, but I personally don't see the problem with a 22 year old banging a 17 year old.. it's pretty normal. Here in Italy the age of consent is 14; in my home state in the US it was 16, I think that's what the average is in US states - but you might want to check up on the law for where ever the sex occured to see if it was a crime there...

Wikipedia shows AZ age of consent as 18, with no Romeao+Juliet execption (it is a possible defence).

I personally have no moral objection; however, there clearly is a problem, as statutory rape is a felony.

dreamer81 Sep 13, 2008 3:50 pm

I will call a lawyer tomorrow and see if he can do a check. However i hope he can do it fast!

onlyairfare Sep 13, 2008 3:58 pm


Originally Posted by ludocdoc (Post 10364220)
Nobody else wonders why dude buys a car on his credit car dand then immediately moves to europe? What, was the car going to be your second checked bag? Were you going to use it to transport the girls body? I s it all just one big misunderstanding?

^ I don't get it either. Maybe I'm missing something?

dgwright99 Sep 13, 2008 4:00 pm


Originally Posted by dreamer81 (Post 10364283)
I was 20 she was 17.
but then again, she has no prove???

doesn't the police only arrest if they know they have a case?

I will call a lawyer tomorrow and see if he can do a check. However i hope he can do it fast!

For statutory rape, it does not seem unreasonable that if an allegation has been made, and the alledged perp has vanished, that a warrant might be issued.


Originally Posted by ludocdoc (Post 10364220)
Nobody else wonders why dude buys a car on his credit car dand then immediately moves to europe? What, was the car going to be your second checked bag? Were you going to use it to transport the girls body? I s it all just one big misunderstanding?

It's not unusual for visitor to buy a car for the duration of their stay, and then sell/leave it when they head home. I'll let the OP speak for himself, but my assumption was that be went home after he split up with his GF.

dreamer81 Sep 13, 2008 4:05 pm


Originally Posted by dgwright99 (Post 10364327)
For statutory rape, it does not seem unreasonable that if an allegation has been made, and the alledged perp has vanished, that a warrant might be issued.



It's not unusual for visitor to buy a car for the duration of their stay, and then sell/leave it when they head home. I'll let the OP speak for himself, but my assumption was that be went home after he split up with his GF.

Im not sure a lawyer can get the information needed before tuesday

fbtr Sep 13, 2008 4:12 pm


Originally Posted by dreamer81 (Post 10364345)
About the car, yes i went home, and she got mad at me for leaving her, and then she turned me in.

Im thinking about just ditching my 2,000 dollar flight ticket, and just staying home :(

Im not sure a lawyer can get the information needed before tuesday

If you did the deed in Arizona then it appears it was a crime there, as someone posted earlier (you could've crossed the border into Mexico? would've been legal there perhaps...).

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...

dgwright99 Sep 13, 2008 4:20 pm


Originally Posted by dreamer81 (Post 10364345)
About the car, yes i went home, and she got mad at me for leaving her, and then she turned me in.

Im thinking about just ditching my 2,000 dollar flight ticket, and just staying home :(

Im not sure a lawyer can get the information needed before tuesday

I would expect that an AZ attorney could quickly find out if there was an outstanding warrant, so it seems premature to give up on your trip just yet.

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.

thebobmc Sep 13, 2008 4:28 pm

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 .

N965VJ Sep 13, 2008 4:33 pm

Geez, the most fun I ever had in Arizona was getting ‘faced at a Ramada Inn.

dgwright99 Sep 13, 2008 4:33 pm


Originally Posted by sinanju (Post 10364379)
Not a bad idea. Use the money to get some therapy and sort your life out. :rolleyes:

That's kinda harsh :td:

The guy was 20, and it was 6 years ago.

The OP came to our community to ask for help, and I am disappointed to read what appears to be a rather mean-spirited response.

Landing Gear Sep 13, 2008 4:43 pm

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.

Landing Gear Sep 13, 2008 5:01 pm

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.

MarcWPhoto Sep 13, 2008 5:08 pm

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

Landing Gear Sep 13, 2008 5:14 pm


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.

M

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.

PhlyingRPh Sep 13, 2008 5:28 pm


Originally Posted by dgwright99 (Post 10364327)
It's not unusual for visitor to buy a car for the duration of their stay, and then sell/leave it when they head home. I'll let the OP speak for himself, but my assumption was that be went home after he split up with his GF.

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?

PhlyingRPh Sep 13, 2008 5:34 pm

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 ^

ralfp Sep 13, 2008 5:37 pm


Originally Posted by Landing Gear (Post 10364549)
From Sheriff Joe's web site:
[URL="http://www.mcso.org/index.php?a=GetModule&mn=Techno_Cops&spec=tech"]


Sheriff Joe Arpaio
Protecting and Serving the Valley of the Sun
Since 1871
That guy is OLD, but at least he can rhyme. :D

[Looks at warrant list]: Note to self: Never move to UNK street.

MarcWPhoto Sep 13, 2008 11:16 pm


Originally Posted by Landing Gear (Post 10364583)
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 hear the same. :)

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

dgwright99 Sep 13, 2008 11:34 pm

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.

dreamer81 Sep 13, 2008 11:34 pm


Originally Posted by thebobmc (Post 10364426)
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 ?

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.

dreamer81 Sep 13, 2008 11:36 pm


Originally Posted by Landing Gear (Post 10364480)
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.
[/URL].

Im going there on business. That's why it's so important. If it was just personal fun, i'd never have planned that trip.

Landing Gear Sep 13, 2008 11:37 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.

Did you check the Maricopa County web site to which I referred you before?

dreamer81 Sep 14, 2008 12:00 am


Originally Posted by Landing Gear (Post 10365705)
Did you check the Maricopa County web site to which I referred you before?

yes I checked that, and my name is not on the list.

However i am not sure if that website checks all of arizona, or just maricopa county?

Landing Gear Sep 14, 2008 12:06 am


Originally Posted by dreamer81 (Post 10365753)
However i am not sure if that website checks all of arizona, or just maricopa county?

Unclear. Another reason you need a lawyer. How many counties are involved?

While we're spending the weekend speculating, take a look at http://criminalsearches.com/.

dreamer81 Sep 14, 2008 12:08 am


Originally Posted by Landing Gear (Post 10365767)
Unclear. Another reason you need a lawyer. How many counties are involved?

While we're spending the weekend speculating, take a look at http://criminalsearches.com/.

I am not sure how the US law system works. If I commit a crime in one county, I would expect it to be visible in all counties in the US?

great page that is. But my name is not on that list either.....??

Landing Gear Sep 14, 2008 12:12 am

Nothing you can get online is going to be a substitute for the professional advice of an attorney specializing in criminal law.

dreamer81 Sep 14, 2008 12:18 am


Originally Posted by Landing Gear (Post 10365790)
Nothing you can get online is going to be a substitute for the professional advice of an attorney specializing in criminal law.

I want to call a lawyer right now. But I am unable to call someone who are open. Can you assist?

bbc1969 Sep 14, 2008 12:23 am

I would just stay home.

Landing Gear Sep 14, 2008 12:34 am


Originally Posted by dreamer81 (Post 10365809)
I want to call a lawyer right now. But I am unable to call someone who are open. Can you assist?

Sorry, no.

I do not practice in Arizona. The state bar directory lists 10 attorneys in Gila county with a specialty in criminal law.

As I write this, it is slighly after 11:30 on a Saturday night in Arizona. It is possible that some lawyers in a rural county like Gila are taking calls but I have no way of knowing.

Landing Gear Sep 14, 2008 12:44 am

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!


All times are GMT -6. The time now is 3:29 pm.


This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.