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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can someone who is a British subject living in England be charged

Resolved Question:

Can someone who is a British subject living in England be charged with phone harrassment in Ohio?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
It's not impossible, but it would be tough to interest the police and the DA's office in wanting to do anything about it. The problem is that legislation has not kept up with the technology we have today. It is a crime to use telephones and computers to harass someone. But with out of state/out of country differences, the whole matter of where jurisdiction lies can get complicated. Competing jurisdictions all too often just seem to point their fingers at each other and say, "It's your problem."

The British subject would be outside of the jurisdiction of the local authorities. The complinant could theoretically swear out a complaint and a prosecutor could issue an arrest warrant, but unless the Brit came over and was stopped at the border on the warrant, it would likely be pretty non-eventful. Realistically, that's unlikely a very unlikely scenario though.

The FBI does deal internationally and it is also a Federal matter to use telecommunications to harass others. But I don't know that they'd care much to get involved either, dependig on the nature of the harassment.

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Customer: replied 4 years ago.
This has happened to a friend of mine who is in the UK. His soon to be ex-wife has filed the complaint. This has all occured while he has been in the UK. A warrant was issued along with the charges. He wants to come back to the states but is unsure about what will happen if he does.
Expert:  Zoey_ JD replied 4 years ago.
Customer

I should have realized it was a domestic violence kind of case. That, in general, is taken far more seriously than other types of harassment. Your friend is likely to be arrested at the airport. From what I understand, Homeland Security is still not paying a whole lot of attention to who goes out, but it's upped its level of vigilance on who comes in. Now, after the most recent near-miss act of terrorism, last week, airport security has intensified.

I am assuming that your friend would be detained and taken to wherever the case would be pending. He would be detained there and then brought to court to be arraigned on the charges. He should not come in without first speaking to and retaining a criminal lawyer in the county where the crime is alleged to take place who can be on top of this matter from the entry into the country and thereafter.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 1/1/2010 at 5:53 AM EST
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16623
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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