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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23568
Experience:  Active member of the NYS bar since 1989
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My bf and i went to paris, and he had a court date which he

Customer Question

hi, my bf and i went to paris, and he had a court date which he accidentally missed. Now he has a bench warrant. Will he be arrested when he enters the US ?
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: california, and the warrant would be today i guess, cause today is when he missed his court date
JA: Has anything been filed or reported?
Customer: the lawyer said a bench warrant will probably be put on him. Because we mixed up the court date and thought it was next week will he be arrested at customs?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thats it
Submitted: 28 days ago.
Category: Legal
Customer: replied 28 days ago.
i don't know why it says republic of ireland...i am asking about US LAW, the bench warrant was issues in san francisco california
Expert:  Zoey, JD replied 28 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

What is the case? Misdemeanor or felony?

Customer: replied 28 days ago.
felony
Customer: replied 28 days ago.
basically, he had an accidental discharge
Customer: replied 28 days ago.
http://sfist.com/2016/09/06/57_firearm_arsenal_seized_from_apar.php
Customer: replied 28 days ago.
here is the case actually
Customer: replied 28 days ago.
hello
Expert:  Zoey, JD replied 28 days ago.

Sorry for the delay. I've been assisting other customers.

Please give me a moment to compose an answer for you.

Expert:  Zoey, JD replied 28 days ago.

When you return from abroad and your passport is scanned, Homeland Security doesn't see your criminal record. However, when a defendant warrants on a case, the prosecutor may alert Homeland security which would cause a passport to be flagged when scanned.

Prosecutors do not typically bother with that for misdemeanor charges, but they are likely to in the case of a felony warrant. Speaking for myself, over the years I have had a handful of clients stopped at the border for a warrant and extradited back to New York.

Do I think your boyfriend is likely to be arrested upon his return when he goes through immigration? Yes, I think it's very possible, and if he flies into a state other than California, he will likely be held there to await extradition. Does that mean he shouldn't return?

Well, the longer he's a fugitive the worse his situation will get. At this point, since I imagine you have plans to return within the next few days, he may actually get back before his passport is flagged, but of course, I cannot guarantee that.

Expert:  Zoey, JD replied 28 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.