Coming back to the US as Fugitive with Bench Warrant

What is the name of your state? CA (Orange County)

I had left the country back in Oct 2006 when I was still in the process of taking a 52wk domestic abuse course and had just started my case for my 2nd DUI (the first one was completed and closed in 2003).

The results are for my domestic case which I never finished, the website says (I believe for violating probation):

Section Statute: 243(e)(1) PC
Case Status: Warrant
Case Stage: - Release Status: Fugitive Warrant: Y DMV Hold: N
Charging Document: Complaint Mandatory Appearance: Y Amendment #: 0

And for my 2nd DUI:

Section Statute: 23152(a) VC
Case Status: Warrant
Case Stage: - Release Status: OR Revoked Warrant: Y DMV Hold: N
Charging Document: Complaint Mandatory Appearance: Y Amendment #: 0

My question is...I'm going to be flying into NY to apply for entry clearance for a job in the UK. I asked my lawyer if I would be arrested flying in and was told that I would only if I were flying back into CA but otherwise, no, because they are misdemeanors. I'm still a bit sketchy and would like to reconfirm.

I would greatly appreciate any feedback! Thank you!

Q: My question is...I'm going to be flying into NY to apply for entry clearance for a job in the UK. I asked my lawyer if I would be arrested flying in and was told that I would only if I were flying back into CA but otherwise, no, because they are misdemeanors. I'm still a bit sketchy and would like to reconfirm.

A: It is very unlikely that you will be arrested for a misdemeanor outside of California. You also need to check to see if you will even be allowed into the UK.

funnily enough

When I left the country back in October, I called the court to see to see my status and they told me I already had a warrant out (due to my lawyer's negligence) but I was still able to fly out without any problems. When I arrived to the UK, I had no problems entering (nor 3 more times afterwards).

Homeland Defense is getting better at keeping up their lists on warrants.

I do believe you will have trouble.
You have warrants for 2nd time DUI and DV (crime of moral turpitude).
US Customs should catch this on re-entry.

Your best bet is to turn yourself in on the outstanding warrants and clear them up.
Otherwise, plan to stay in the UK.

Yes, one day I shall.

In terms of Customs...are you referring to Immigrations Control? I assume Customs only deals with items/purchases made from abroad. I'm not sure how strict passport control is nowadays, as I was flying in and around Europe between Oct '06 through Jan '07 without a problem.

I can't stay in the UK with a work permit, I need to apply for entry clearance as well.

garrula lingua said:

Homeland Defense is getting better at keeping up their lists on warrants.

I do believe you will have trouble.
You have warrants for 2nd time DUI and DV (crime of moral turpitude).
US Customs should catch this on re-entry.

Your best bet is to turn yourself in on the outstanding warrants and clear them up.
Otherwise, plan to stay in the UK.

Click to expand...

I would be nervous about applying for entry clearance. If you aren't getting a work permit, then it all depends on your home country. Your tag is "thisasiangirl"; what country are you from? Many asian countries are scrutinized more closely.

Check out this link
http://www.workpermit.com/uk/entry_clearance.htm

Really, no one can say for sure what is going to happen, because international travel restrictions have changed so much since 9/11 (and continue to change).

Your attorney is correct in that you might not be apprehended on the misdemeanor warrant, but what happens at reentry is an entirely different problem.

I know that you could have a really, really hard time driving across the border to Canada. So, I can't expect that transatlantic flight would be less risky.

Yes, the entry clearance was what was bothering me. However, I've read that sometimes it can be a quick process as long as you have all the proper documentation (the work permit itself, form fully filled out, etc. etc.) but hey, you never know.

I'm a US citizen, CA resident. Never resided in any other states...but I suppose that really doesn't make a difference, right?

I confirmed a few things with my lawyer--since my cases are in different courts, he said that my two warrants are completely unrelated and that one court would never know that I have another on-going case. Is this true? Both are in Orange County but it's a bit difficult for me to fathom that they wouldn't check in on it.

Thinking back really pisses me off sometimes. Getting arrested for slapping a boyfriend! I know it's wrong but it's so silly. And yes yes, it's terrible to lay a hand on ANYone and I'll NEVER do it again. Learned that lesson the hard way.

Anyway, one more question I had was what may potentially happen (and I know it's hard to say) if I turned myself in (through my attorney), considering that I am a flight risk now. Am I to be detained in county before appearance in front of a judge?

How ridiculous is the excuse for FTA that I wanted to travel and do jackall for awhile before taking care of legal matters? I know sometimes the truth gets you into more trouble but hey, I try to be honest all the time! Sorry, two questions.

A big thanks for all of you who have helped answer my questions (seniorjudge, garrula, bret).

Bretagne said:

I would be nervous about applying for entry clearance. If you aren't getting a work permit, then it all depends on your home country. Your tag is "thisasiangirl"; what country are you from? Many asian countries are scrutinized more closely.

Check out this link
http://www.workpermit.com/uk/entry_clearance.htm

Really, no one can say for sure what is going to happen, because international travel restrictions have changed so much since 9/11 (and continue to change).

Your attorney is correct in that you might not be apprehended on the misdemeanor warrant, but what happens at reentry is an entirely different problem.

I know that you could have a really, really hard time driving across the border to Canada. So, I can't expect that transatlantic flight would be less risky.

Click to expand...

thisasiangirl said:

Thinking back really pisses me off sometimes. Getting arrested for slapping a boyfriend! I know it's wrong but it's so silly. And yes yes, it's terrible to lay a hand on ANYone and I'll NEVER do it again. Learned that lesson the hard way.

Click to expand...

And if you had appeared on the charge, the penalties would have been minimal, perhaps even dismissed under the circumstances. Being a fugitive has not helped things.

How ridiculous is the excuse for FTA

Click to expand...

Pretty rediculous. Unless you are physically unable to appear due to circumstances beyond your control (hospital or other confinement), judges expect you to be there. If you miss an appearance by stupidity you could have begged forgiveness and a judge might have been kindly. Thumbing your nose at the judge and saying I'd rather go have fun than show up in your court, pretty much will be taken as an insult.