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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Can i migrate with a 1500-20K felony theft charge, and a soon

Customer Question

Can i migrate with a 1500-20K felony theft charge, and a soon VOP charge?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Joseph replied 7 years ago.

I'm a criminal defense attorney and I think I can provide some assistance. However, I need some clarification first. What do you mean by "migrate"? What is it you want to do?

 

Thank you!

Customer: replied 7 years ago.
i want to go to Australia as in leave the united states, on Jan. 20 i will have a warrant out for my arrest for VOP from the state of texas, cause i left the state and have no intention of going back.
Expert:  Joseph replied 7 years ago.

Let me do some research and see if I can find some answers for you. There is no need to respond to this post, I'll get back when I have some information.

 

Thanks for your patience.

Expert:  Joseph replied 7 years ago.
I've located the information, I'll be back with you in a moment....
Expert:  Joseph replied 7 years ago.

I researched the requirements to enter into Australia. Based on this conviction, you shouldn't have any problems entering that country. Australia is concerned about cases pending there, convictions in their country for serious offenses and any confinement in psychiatric institutions. So you should be fine.

 

However, the bigger problem may be leaving THIS country. If you have a VOP, there is likely a warrant for your arrest. When you go through security at the airport and they run your name, they will quite likely discover the warrant. If so, you will be detained to see if the Texas court wants to have you held.

 

So, you should resolve your issues here first. Once that is completed, you should be fine to go to Australia.

 

Customer: replied 7 years ago.
i have been told that the only way to resolve is to serve time. which i refuse to do. if i go by boat what are the chances of being caught?
Expert:  Joseph replied 7 years ago.

Considering all the safeguards put in place after 9/11, not to mention the recent concerns, I would not want to risk it. The chances of being caught seem too great and, if you're caught anywhere other than Texas, it could sit in jail for as long as about a month before even being sent to Texas.

 

Expert:  Joseph replied 7 years ago.

I'm going offline for the evening but feel free to respond as I'll be back online tomorrow.

 

Thank you for your patience.

Customer: replied 7 years ago.
what if was to avoid the airports? maybe go by boat?
Expert:  Joseph replied 7 years ago.

Anything that involves passports, security or tickets has a high level of risk. If you board a plane or boat, it seems probable that you will have to deal with security, they will run your name and they will find that there is a warrant for your arrest.

 

If you do this, do so knowing that an arrest is quite likely.

 

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Expert:  Joseph replied 7 years ago.

I'm going offline for the evening but feel free to respond as I'll be back online tomorrow.

 

Thank you for your patience.