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I have Ben convicted of a crime in FL. And sentenced. Than

I left the country for...
I have Ben convicted of a crime in FL. And sentenced. Than I left the country for almost 10 yrs. without a passport now I need to go back and live in another state. What will happen to me if I just go to the embassy with birth certificate and SS. Card can they charge me for leaving the country without a passport? The crimes are not federal even on the police record says FL. Pickup only. If I can't go to the embassy what would you recommend?
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Answered in 1 minute by:
6/25/2013
Sam
Sam, Attorney at Law
Category: Immigration Law
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
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Welcome and thank you for your question

 

I am an
attorney with more than 25 years of experience and I look forward to
providing you true and correct information in this regard.

Please
remember, I can only answer what you ask and so if you have follow up
questions, please post them here for full and accurate information
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thank you in advance for your positive rating

Just so I am clear - You never served your sentence? What was the crime?

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Customer reply replied 4 years ago
No I never served my sentence there all drug charges the biggest one is possession of 200 grams of cocaine

Hello

 

Thank you

 

I suggest that if you go to get a passport your warrant for your arrest is going to come up and you will not be able to get a passport or return to the US. Though they may arrest you and send you to Florida

 

Because you did not serve your sentence and left the country you are a Fugitive from Justice.

 

 

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Customer reply replied 4 years ago
Even though its not federal and there's no extradition from one state to another why would they extradite from a foreign country? And is it a crime to leave the US without a passport can they charge me for that?

Hello

 

What is no extradite - You mean you would not travel into Flordia but maybe instead CA?

 

That is not the issue The issue is you are a fugitive from justice and so even if you get a passport from the country you are in - at point of entry they are going to detain you. Now, they will detain you until it is determined that Florida does not want to extradite you. And so you will be arrested before you are released. Also, it may be very well that at point of entry because you are a felon fugitive they will not allow you in to the US at all.

 

It is not a crime in the US to leave without a passport. So no, you cannot be charged with such a crime.

I suggest, however you will run into other problems such as I mentioned above.

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Customer reply replied 4 years ago
Ok so just to be clear if I go to an embassy you think they will arrest me there and send me back even if FL. Can't touch me out of the state?
Hello

Well, what country are you in? Are you a US Citizen?
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Customer reply replied 4 years ago
I'm in Costa Rica and yes I'm a US citizen I came here on a boat 10 yrs ago on a boat and now I need to get back I've never had a passport this is what's called young and dumb but still I need to fix this.I plan on fighting the charges when I get back but I need to get back first plz Healp even opinions would be ok just tell me if its an opinion thanks!
Hello

Thanks.

Unfortunately, Costa Rica has an extradition tready with the US - That means the Embassy would have to send you back.

You cannot get assulym from the US Embassy as a fugitive.

If you have to get back, then I suggest you will want to go to the embassy and turn yourself in. It's a free ticket home. However I suggest you will also want to contact a local attorney in Florida - who will be able to meet you when you arrive and then try to handle things.

There is no way they are going to just set aside a conviction and a sentence. You are a fugitive from Justice. So you will have to be in Florida jail until your attorney can try to get a new trial, etc or whatever it is you are seeking.

Im sorry that it is not better news for you in this regard.

I suppose the only other option is to go to the Embassy and try to get the passport. Who knows, maybe nothing will come up. But the worst scenario is they detain you for extradiction.

If you happen to get the passport, then you only would have to be concerned with your point of entry into the States and if they will detain you in another state since Florida will not extradite.

Sam
Sam, Attorney at Law
Category: Immigration Law
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
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