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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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I was charged felony in the united states. I bailed out using

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I was charged felony in the united states. I bailed out using my own money. I was also allowed to travel back to my home country Philippines. While in here i was thinking of going to Japan and no longer face the charges in the US. What would be the worst case scenario?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

First of all, if you don't show up to a trial in the US, you will have skipped bail and would be considered to be a "fugitive from justice" in the US. If you ever return to the US, you could be arrested at the border and taken to jail, awaiting trial. If you're okay never returning to the US, then this is not as much of a consideration.

ScottyMacEsq :

The worst case scenario, if you were to go to Japan (or stay in The Philippines) would be if the US extradited you.

ScottyMacEsq :

Both these countries have extradition treaties, so it doesn't really make any difference if you stay in The Philippines or go to Japan.

ScottyMacEsq :

But the worst case scenario (not necessarily the most likely) is that the US would seek extradition and your return.

ScottyMacEsq :

This is entirely dependent upon the crime charged, whether the jurisdiction wants to pay the costs of extradition (as the US jurisdiction that you were charged in would have to pay those costs) etc...

ScottyMacEsq :

If it's a relatively minor felony (i.e. Simple theft, etc...) there is usually never any extradition.

ScottyMacEsq :

But if it's a serious one (murder, aggravated rape, etc...) then it would be more likely that they would seek extradition if you were caught (either in your country or Japan).

ScottyMacEsq :

Again, this is the worst case scenario (what you asked for), not the most likely. Statistically speaking, most fugitives are not caught and not extradited. But it is a possibility.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer: Actually it is a felony theft worth $2,100
ScottyMacEsq :

In that instance, they most likely would not extradite. The costs of extradition (courts, travel, etc...) would far exceed the amount allegedly stolen.

Customer: My trial maybe in november but im planning to just settle in japan
ScottyMacEsq :

Understood. Again, so long as you're okay never returning to the US, you should not have any problems.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer: How about if my warrant was issued? Would my passport be flagged internationally? Would japan be aware of the warrant from US?
ScottyMacEsq :

Yes, it would likely be flagged on your passport (which makes entering the US problematic).

ScottyMacEsq :

Japan would not automatically be informed of it, but if you were to try to enter the US, then that would come up.

ScottyMacEsq :

Only if the jurisdiction that was charging you was seeking an extradition would it be possible that you could be arrested in Japan as well.

Customer: I have no plans entering US anymore, im just asking about going to japan if it will have problems going in and out from philippines
ScottyMacEsq :

Understood.

ScottyMacEsq :

Like I said before, you should not.

ScottyMacEsq :

Only the US authorities would really care about this, unless they wanted to pursue extradition, which they almost certainly will not.

Customer: It is in alaska , felony theft 2 ..but it is still in class A misdemeanor because im not indicted yet
ScottyMacEsq :

Was that a question?

Customer: Theft 2 is a class c felony there, my PD told me that the charge will stay misdemeanor because im not indicted yet,do you think alaska will seek extradition for me here in PH?
ScottyMacEsq :

No.

ScottyMacEsq :

See above. The chances are extremely slim.

ScottyMacEsq :

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~30 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer: Before the court let me go vacation they make me sign a waiver of extradition,what is that?
ScottyMacEsq :

That means that you won't fight it if they seek it.

Customer: Because my lawyer told them that i will visit my mom in california then they let me go, but after 2 weeks i ask my lawyer if i can go here in the philippines he agrees and told me just come back on trial
ScottyMacEsq :

But that doesn't mean that they will seek it.

ScottyMacEsq :

It's common (almost ALL cases) that they will have you sign this,.

Customer: Is that waiver effective international?
ScottyMacEsq :

Yes. But again, that's assuming they want to extradite. Without the waiver, if arrested in Japan, you could seek to fight the extradition (not successfully).

ScottyMacEsq :

You almost certainly would not have a defense anyway.

ScottyMacEsq :

Again, this only comes into play IF they want to extradite, which is probably not going to happen because of the cost.s

ScottyMacEsq :


Hope that clears things up a bit. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~35 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!



Customer: Ok thank you
ScottyMacEsq :

My pleasure. If there's nothing else, please rate this answer so it will close out. This answer stays open until you rate it, Please note that I don't get any credit for the time (~35 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 12217
Experience: Licensed Texas General Practice Attorney
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