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I am really curious about my situation. Mind you I’ve talked…

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I am really curious about...
I am really curious about my situation. Mind you I’ve talked to lawyers about this but besides trying to charge me $3k-$5k to “handle my case” no one has told me much. This has to do with my passport and a non convicted Felony Warrant. Basically I applied in 20-2 for my passport, received it and went about my life in and out of country without issues. One my third time returning from Canada my passport was flagged and I was pulled out of the car by boarder patrol and told I had a felony warrant out for me in VA. I was detained then let go several hours later. It’s non extractionable. Warrant is from 2009 and I had no clue about it. Supposedly the cop issued it. I wasn’t living in the state at the time and had no clue. So this warrant had been out for 3 years, for my passport and a year later I got told about this. Mind you prior too- I had been in and out of the country without issue. Had two different state DL post warrant and nothing. After the Canada incident, I have had secondary screenings coming into country being told nothing, to- don’t go to said state, to- having local police run my info and 3 hours later being let go
What’s the deal? How did I even get a passport?how am I able to leave the country fine- go to various other countries without issue and only have trouble when I come home? Then on top of it- the Real ID act is fast approaching which makes me wonder willi have issues with all of this? Can I renew my passport? I’ve talked to lawyer about the situation warrant is for felony larceny over $250. I have no priors. I have no been convicted of anything Part of me is terrified to handle it my lawyer says it will be fine, I am just getting the money together right now to have said lawyer represent me when I turn myself in. But between now and then I have to go out of county, renew my passport and get the Real ID license. Yet I have had many CORI background checks done and finger printing for work licenses yet nothing pulls up on that. They year I got detained coming back to the US I had had 5 different FBI background checks done for jobs.
I am so confused
Submitted: 10 months ago.Category: Criminal Law
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Answered in 2 minutes by:
9/24/2017
Criminal Lawyer: Nisha Jones,
 replied 10 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 10 months ago
I understand and I appreciate the help. I am not looking for legal advice just trying to understand what the heck is going on with my situation and what I should expect while actually handling my case with my attorney
Customer reply replied 10 months ago
My typos are horrendous. Warrant is from 2009. I applied in 2012 for passport without incident. Went in and out of country two times after without issue. On third return home from Canada I got stopped due to this warrant I had no clue I had. I was told after being released it was mistake. I spent the following 3 years going in and out of country having secondary inspections not told why. By year 4 I started asking questions finding out the warrant still existed. I have spent the last year saving up for my lawyer to help me and I am about to go out of country again and need to renew my passport. I am confused by all of this. How did NCIC not get me for issuance of my passport? How did I not have issues prior to Canada? How am I not getting stopped leaving the country? I don’t understand
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

Thanks, ***** ***** clarify, you mentioned -- "I was told after being released it was mistake."

Is this warrant for a case actually belonging to you, or is it something that you believe is showing up in error?

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Customer reply replied 10 months ago
I talked to the officer who issued the warrant. In VA supposedly officers can do this even without any type of proof. On my return home from Canada I was taken into custody at boarder patrol cuffed and taken to actual jail. Arresting officer of 30years was in shock at all of this and obviously I was too. No finger printing nothing done. I was healed over night and released by the station with an apology saying they messed up and the warrant didn’t exist. I asked for information just to double check, ie- who to call. I called courthouses and they couldn’t find it. It wasn’t till recently (this past year when I was detained again coming back home and held for 3 hours at the airport) I called the precinct who issued it to find out it’s legit. The officer put a warrant or for me in 2009 for supposed felony larceny. Which in Va is anything over $250.
Customer reply replied 10 months ago
Mind you I hold medical licenses so yes following up on this was a huge deal because of my career. Having done so many federal background checks I was in shock about all of this.
Customer reply replied 10 months ago
It wasn’t til the officer himself told me it was legit I believed it. But even then the officer knew I was in a different state and wasn’t worried about me coming back there. Told me to “take my time”
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

Just to be clear, you do/ did reside in Virginia at that time and this is a warrant that the officer issued because you were allegedly suspected of this crime?

..I'm just trying to establish whether this is a case of a mistaken identity, or whether this is an outstanding warrant that was in fact issued against you. Thanks!

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Customer reply replied 10 months ago
it’s not mistaken identity. Old roommate accused me of theft after I left the state. Officer put a warrant out for me in 2009 for felony larceny. Wish it was mistake identity because I would have to pay a top lawyer a ton of money to have this bs accusation dropped. Lawyer told me in Va this isn’t new at all and it happens all of the time. Yay me
Customer reply replied 10 months ago
Wouldn’t have to pay*
Customer reply replied 10 months ago
the question is- how the heck do I have a passport? How do I pass fbi background checks? How am I able to leave the country without issue? None of it makes sense. Plus I have had two DL since this warrant.Am I going to have issues renewing my passport? Or going through the new state license ID process? None of it makes sense at all
Customer reply replied 10 months ago
My lawyers paralegal tells me I won’t have issues but I am going on my honeymoon in two months. Very skeptical on my end about all of this and looking for another opinion
Customer reply replied 10 months ago
are you still there? We were having a conversation and now it’s been 30mins of no response. Just wondering if your still there and helping me with my question? I do appreciate all of your quick responses.
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