Ask Me Help Desk - Convicted of statutory rape in North Carolina

Convicted of statutory rape in North Carolina

I had fleed the country when I was told I would be serving jail time for a class-b felony which was for statutory rape. I was ovviously scared so I fleed the country. Now it has been 6 years and I want to use my u.s passport to immigrate to either canada or australia. Is there any possibility of this and I must remind that I never served any jail time but there was was an arrest warrant issued. Please help answer this for m e and by the way I did not inflict any harm upon the said vixtim but the u.s laws on this matter are so severe. It was completely consentual but the law is the law. Please give me realistic options. Thank you.

I would ask this under Immigration, where a few experts on that subject might be more likely to see it. My guess is that you won't be able to get to either of those countries.

Let me be sure I understand. You had been convicted of a felony but, awaiting sentencing apparently, you were still free on bail? So you were allowed to simply leave North Carolina and leave the United States? No one tried to stop you? Where are you now?

I have a feeling he was able to get out of the US by leaving before he was convicted. He may not even know if he was ever convicted or not.

Quote:

Originally Posted by joypulv

I have a feeling he was able to get out of the US by leaving before he was convicted. He may not even know if he was ever convicted or not.

I really doubt that they could have convicted him in absentia.

I wondered if the passport is still valid. It probably is; one has to be renewed every ten years: http://www.travel.state.gov/passport/faq/faq_1741.html

He will have a outstanding felony warrant for rape. So most places you wish to go, to get a visa will not allow you in. You are a wanted felon. It is even possible if they know you fled the country, they may have cancelled your passport. The only way is to try, my opinion you will not be allowed in most countries, since this is a serious charge in most places.

And it can not be agreed to, a minor child does not have the ability to consent. So yes it is rape. In fact they can even come get you from many countries.

Quote:

Originally Posted by Fr_Chuck

... In fact they can even come get you from many countries.

If North Carolina (or the federal government if it charges him with international flight to avoid prosecution) wants to spend the money on extradition. I'm still wondering where he is.

He could have been convicted in absentia if he fled after the trial had started with him present, which is possible from the way he says 'i was told I would be serving jail time for a class-b felony.'

Rule 43 of the Federal Rules of Criminal Procedure, first exception

Quote:

Originally Posted by joypulv

He could have been convicted in absentia if he fled after the trial had started with him present, which is possible from the way he says 'i was told i would be serving jail time for a class-b felony.'

Rule 43 of the Federal Rules of Criminal Procedure, first exception

"...
(c) Waiving Continued Presence.

(1) In General. A defendant who was initially present at trial, or who had pleaded guilty or nolo contendere, waives the right to be present under the following circumstances:

(A) when the defendant is voluntarily absent after the trial has begun, regardless of whether the court informed the defendant of an obligation to remain during trial;
..."

Federal rules don't apply in state court. I don't see here if there is a comparable provision in NC. Yes, I should have written that they probably could, but whether they would is doubtful.

I'm guessing you fled before you had to self-surrender? Canada won't let you in, even if you're convicted of a misdemeanor. I'm not sure about Australia.

I'd find out, if your passport is still active. If you apply for a new one, they'll arrest you on the spot. If it isn't, I'd stay put wherever you are if you don't want to face jail time.

Here is the full story: I got a call from a detective telling me to come by the police station for some routine inquiry. He said nothing about why I should come but OK I went with my parents. He inquired me separatly and showed me the girls picture. At first I tried denying but then stupidely confrinted this issue with my parents and they said to simply xonfess I mean without any lawyer present. The detective madee it seem like everything is OK and said we could go home. We then inquired from some lawyer about this matter and he toldus that they will raid our residence within a two week period and arrest me. He told me I would be looking at 12 years prison time so we asked him fleeing the country was a good idea. He said yes. So I fleed the country to a country in the middle east. I found out exactly 2 weeks later that they raided exactly like he said and asked for my where-a-bouta and they simply didn't try tracking me down. I chexked online police database about a few months ago and found my name had been xonvicted for stat rape. I haven't used my u.s passport once but want to so I may avail it before it expirea . Is thus a good idea because I want to get out safely from my current location without trouble. Please give me helpful and honest advice. Thanks.

If your parents can afford a GOOD lawyer, have them hire one, NOT the one who advised you to flee. I doubt that you can use your passport depending on the country, and you want to solve this before it expires.

Quote:

Originally Posted by goldenbullet23

Here is the full story: i got a call from a detective telling me to come by the police station for some routine inquiry. He said nothing about why i should come but ok i went with my parents. He inquired me separatly and showed me the girls picture. At first i tried denying but then stupidely confrinted this issue with my parents and they said to simply xonfess i mean without any lawyer present. The detective madee it seem like everything is ok and said we could go home. We then inquired from some lawyer about this matter and he toldus that they will raid our residence within a two week period and arrest me. He told me i wud be looking at 12 years prison time so we asked him fleeing the country was a good idea. He said yes. So i fleed the country to a country in the middle east. I found out exactly 2 weeks later that they raided exactly like he said and asked for my where-a-bouta and they simply didn't try tracking me down. I chexked online police database about a few months ago and found my name had been xonvicted for stat rape. I haven't used my u.s passport once but want to so i may avail it before it expirea . Is thus a good idea coz i wanna get out safely from my current location without trouble. Please give me helpful and honest advice. Thanks.

Interesting story.

I would note that if North Carolina has criminal rules similar to the federal one I quoted earlier, you could not have been convicted in absentia, because a trial had not began. I have looked through the criminal procedure statutes for that state and don't see anything about it. A trial in absentia seems to be, according to SCOTUS precident, a violation of due process. So are you sure about having been convicted?

If it can be proven that your lawyer advised you to flee the country, he is certainly guilty of unethical conduct (he could be disbarred), and possibly as an accessory to the statutory rape charge as well as to the federal crime of flight to avoid prosecution. Your parents could testify as to what he said, however he would probably deny that he said that, exactly. So it may still be difficult to prove.

I also suggest that you get a reputable attorney and see if he or she can work a deal for you.

Quote:

Originally Posted by fibian

i'm guessing you fled before you had to self-surrender? Canada won't let you in, even if you're convicted of a misdemeanor. i'm not sure about Australia.

i'd find out, if your passport is still active. if you apply for a new one, they'll arrest you on the spot. if it isn't, i'd stay put wherever you are if you don't want to face jail time.

He won't get into any country belonging to great Britain, and that includes Australia.

Quote:

Originally Posted by tickle

He won't get into any country belonging to great britian, and that includes Australia.

I believe you are referring to the British Commonwealth (a/k/a "Commonwealth of Nations"), which includes Australia and Canada.

Quote:

Originally Posted by AK lawyer

I believe you are referring to the British Commonwealth (a/k/a "Commonwealth of Nations"), which includes Australia and Canada.

I live in Canada, yes, I did mean that. Some of us still call them 'the colonies'. How confusing would that have been?!

OP has got to be mistaken concerning conviction. I suggest that he go to the court's web-site to see if it indicates that there has been a conviction. It could be that the police site he looked at has a mistaken entry. Also I am surprised that the police have such information available for public accesss.

Like AK, I have serious doubts about this story. I have doubts that an attorney would advise fleeing the country. I have doubts about the OP's ability to exit the US (even 6 years ago) without using a passport. I have doubts that he would have been convicted in absentia unless a trial was started prior to fleeing.

About the only thing I do believe is that he is not in the US.

But if he was arrested and charged and a warrant issued for his arrest, then his US passport will be flagged.

To be further clear, I had used my U.S passport to exit the U.S before the police actually came and raided my residence. When the detective confronted me, like I said earlier I confessed everything and he said I could go home. I then didn't hire a lawyer, I sought legal advice from a lawyer free of charge. I proposed I flee the country and he agreed that would definitely save me from jail time. I've always been curious as to whether my passport was flagged or not. What exactly does being "flagged" mean? Since I have never used my passport other than the time I used to exit the U.S 6 years ago. So I have no idea what my passport status would be and since it won't be expired for another two years. I was wanting to use it so that I may travel to some other nation such as Australia or Canada and then apply for residency there. Are these wise decisions or should I just utilize my passport from my current location. To be noted, my current location passport does not give me the ease of access such as the U.S passport, otherwise I would never have even considered using my U.S passport.

He does have a US passport.
In the back of my mind is a (Middle Eastern?) young man being given terrible advice by someone posing as a lawyer (perhaps a family friend who helps immigrants), a lawyer who thinks ethnicity at the time is going to be a slam dunk against him and makes a crack about fleeing that was taken literally, or a young man who has this and all the other facts wrong too.

Bottom line: parents hire a lawyer with a good reputation.

Again, if you were charged with a crime and a warrant issued, your passport would be flagged. This means that when you try to use your passport, the fact that you were charged with a crime will be noted. Depending on where you present your passport, you may be simply turned away or held for extradition.

You can't just apply for residency after landing in a foreign country, Canada or Australia even if your passport is not flagged, which I doubt.

Applying for Visas is a pre-requisite for visiting; then applying for residency is another procedure and doubtful if either country will want you with any kind of criminal record.

In response to AK, I accessed my file through a paid website where you can check the criminal status of anyone by typing their name and state and it has all there information like misdeameanors, driving tickets, felonies, etc.

The U.S Marshall and police officers have arrived at my parent's residence in the U.S several times throughout these 6 years and had my driver's license picture and asked them if they knew about my where-a-bouts. They said they knew nothing about me and then the police would go away. I don't know why the lawyer I questioned advised me to flee the country, I guess he saw no other way I could get away with jail time. The fact that I saw my name on the criminal database along with the police coming to my parent's residence several times has me wondering if it was this severe of a case, wouldn't they have found me by now, couldn't they have disturbed my parents much more. I have no idea if my passport is flagged, I'm just wondering with all this information I have disclosed, exactly where does my case stand. Is it possible to utilize my U.S passport or not?

' Is it possible to utilize my U.S passport or not?'
ScottGem answered this just above.

As for finding you in another country, they can look for you but only authorities in the country you are in at the moment can arrest you, and then there are complications of extradition. For statutory rape, chances are they would not look for you outside of the US.

We still can't figure out how you were CONVICTED without a trial, unless the trial had started, and wish you would clarify both exactly what the website called your criminal status, and whether your trial had started. This may not be what you care about right now, but it's actually important. For your sake.

Can you copy and paste what it says on that website, edit out any names and specific locations,

The fact that the police still contact your parents means the case is still open. But its unlikely they will pursue you outside the country for statutory rape. I've answered your question about your passport.

So your choice here seems to be to return to the US and surrender and face the music or live your life in exile.

Ok another option. I have completed my bachelors degree and now want to pursue my masters degree. I have consulted agencies and I know that australia offers permanent residency if you are a student in australia for at least two years. Now thee dilemma is I have an high school degree from the U.S.A and my bachelors degree is from where I am now. Now would universities in australia do some sort of criminal background check because of my high sxhool degree from the U.S.A and also to be clearr I would not be using my U.S.A passport but the other passport where I am currently residing.

By the way I traveled to singapore and mauritius on my current passport without problem. Since my name is the same on both the american passport as well as the current one. It begs me to ponder whether my amerixan passport would pose any problems??

Why won't you answer the 2 important questions?

Which 2 important ?'s

Of course your US passport will pose problems; we have already told you that.

Don't know though, if the Australian university will do a background check on you or not. I am assuming there is no international warrant out for your arrest, as you have not been using your US passport which the 'flag' is attached to.

Just what 'other' passport have you been using? You obviously have dual citizenship from somewhere.

Quote:

Originally Posted by goldenbullet23

Which 2 important ?'s

1. What exactly it said you were wanted for on the website. EXACT
2. Whether you started the trial.

So how did you obtain your current passport?

Was this travel you refer to tourist travel? Obtaining a tourist visa is fairly easy. Obtaining a residence or even a student visa will be much more difficult. And yes, they will do a more comprehensive background check for such a visa.

The questions are what is the actual status of the case and what exactly happened?

Quote:

Originally Posted by ScottGem

So how did you obtain your current passport?

...

Someone previously theorized that he is a naturalized U.S. citizen. If so, I expect that he could acquire the "current" passport from his country of birth, where presumably he is hiding now.

Quote:

Originally Posted by AK lawyer

Someone previously theorized that he is a naturalized U.S. citizen. If so, I expect that he could acquire the "current" passport from his country of birth, where presumably he is hiding now.

Useless speculation. Why not wait for the OP to answer? He has been active in the thread.

The country I am residing in currently not the country of my birth but it is like from where my parents originally are from. Even while I was living in the u.s I visited this country and had a passport from there as well. I just went back 6 years ago and renewed it without any issue. I don't want to mention the exact country for my own discomfort in disclosing it. Plus my trial never started technically since I fled before they issued the arrest warrant. I checked online and it stated my driving violations along with stat rape felony.

Bottom line, someone is paying for you to go to school, I assume your parents, and they should have hired a good lawyer six years ago, and should do so now.
Someone who has a good idea whether your passport from the country you don't want to mention will get you into AU, and who can look into the warrant.

http://www.judicial.state.sc.us/summ.../CriminalH.htm

I can't see how a trial in absentia could have occurred, given the nature of crimes that can be handled this way.
I suspect that there is a warrant for your arrest for an alleged felony, not as a convicted felon.

I have an ethical dilemma here. I do not want to help someone get away with a crime. So I cannot support helping you do so.

If you explain the details of the crime maybe I feel differently. But as it stands now, the only advice we can give is to return to the US and turn yourself in. Face the music.

True, it is something of a dilemma - partly because we can't possibly know if anyone's story is the truth.

Plus, you and we have helped as much as we can, even if we were to hear his story.
He won't know if he can get into AU with a mystery passport without consulting a lawyer whom he will tell.
We have told him to get his parents to hire a lawyer in the US.
What else is there?

Can you obtain the minute orders for your cases from the court house's websites and post it here? Remove any personal info. And it should give us a better understanding of whether you were convicted.

I'm guessing you probably saw arrests and not convictions on your background check.

I'd honestly recommend coming back and facing the music. You'd just be breaking more laws living as an illegal immigrant in Canada or Australia with outstanding warrants from the US. You're making it a lot harder on yourself.