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On probation and need to get back into the US from Mexico

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Esad0

New member
I am currently on felony probation in California for posession with attempt to distribute. I have already violated my probation twice (at the same time) with another posession charge and not reporting becoming homeless. That happened over a year ago and I have a year or so left on probation (I believe), and have since quit using drugs (1 year clean) and held a job until the Covid 19 outbreak.

During this outbreak, I had to make an emergency trip to Mexico for family issues. As I understand it, doing so without permission from my PO means that I have violated my probation. Right now, I am stuck in Tijuana. I am afraid to attempt crossing the border because I REALLY don't want to go back to jail. I lost my passport somewhere along the way as well.

My questions are these:

Is this a really big deal?

By attempting to cross, will I attested?

If so will I be arrested at the border by ICE, or will I have a warrant issued?

I'm just looking for educated advice on what to expect and what might happen. I really want to go home. Thank you.
 


quincy

quincy

Senior Member
Esad0 said:
I am currently on felony probation in California for posession with attempt to distribute. I have already violated my probation twice (at the same time) with another posession charge and not reporting becoming homeless. That happened over a year ago and I have a year or so left on probation (I believe), and have since quit using drugs (1 year clean) and held a job until the Covid 19 outbreak.

During this outbreak, I had to make an emergency trip to Mexico for family issues. As I understand it, doing so without permission from my PO means that I have violated my probation. Right now, I am stuck in Tijuana. I am afraid to attempt crossing the border because I REALLY don't want to go back to jail. I lost my passport somewhere along the way as well.

My questions are these:

Is this a really big deal?

By attempting to cross, will I attested?

If so will I be arrested at the border by ICE, or will I have a warrant issued?

I'm just looking for educated advice on what to expect and what might happen. I really want to go home. Thank you.
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Yes. It is a big deal. Too big a deal for an internet advice forum. You need to contact an attorney in California to help you with your return to the U.S. and with the new charges you now face.
 
quincy

quincy

Senior Member
davew9128 said:
Because traveling internationally under these circumstances was really such a wise thing to do...
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I can understand the desire to travel to another country during a pandemic if a close family member is ill and/or dying, but it definitely was not the smartest decision to head to Mexico while on felony probation in California, especially after having violated probation twice before. And to lose one’s passport? If Esad0 hadn’t said he had not used drugs for a year, I would assume he was high on drugs.

As a note to Esad0: You should at least be applauded for your “one year clean.” That is the only positive I see in what you described.
 
quincy

quincy

Senior Member
If Esad0 missed a check-in with his probation officer, there probably already has been a warrant issued for his arrest. He is definitely not in a great position, being in Mexico without a passport as a fugitive felon.

An attorney perhaps can help him with the passport issue and then represent him in a probation violation hearing - but Esad0 is at risk of having his probation revoked and having to serve out his felony sentence in prison.

It would have been so much smarter for him to try to get his probation officer’s consent to travel. If it were a real family emergency situation, travel might have been granted.
 
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NeilTheCop

Member
As Quincy said, all it would have taken to get approval to leave the US was a phone call to your PO.
And to answer your question. There is a strong possibility an arrest warrant has been issued for you. And yes, ICE will know all about it.
But as you have lost your passport, and I'm assuming you are of Mexican heritage, you may have problems proving to ICE that you are a legal US resident when you try and cross the border.
 
quincy

quincy

Senior Member
Out of everything on the list of things Esad0 needs to take care of, I would think getting a replacement passport is probably first on the list.
 
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NeilTheCop

Member
quincy said:
Out of everything on the list of things Esad0 needs to take care of, I would think getting a replacement passport is probably first on the list.
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I wonder if the OP reported the loss and obtained a report from the Mexican police. ;)
https://mx.usembassy.gov/u-s-citizen-services/passport-services/lost-or-stolen-passport/
Then there's the actual problems of getting the replacement in the current crisis.
https://travel.state.gov/content/travel/en/passports/how-apply/forms.html
 
quincy

quincy

Senior Member
NeilTheCop said:
I wonder if the OP reported the loss and obtained a report from the Mexican police. ;)
https://mx.usembassy.gov/u-s-citizen-services/passport-services/lost-or-stolen-passport/
Then there's the actual problems of getting the replacement in the current crisis.
https://travel.state.gov/content/travel/en/passports/how-apply/forms.html
Click to expand...
Esad0 definitely needs a lawyer to help him clean up the mess he created for himself. He obviously did not think through the possible consequences of his actions prior to acting.
 
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