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I have two outstanding felonie warrents from the state of Illinois for my 5th and 6th DUI's. I also have 3 other misdeminor warrents from the same state. I left the country but was wondering if I ever come back to a different state since I am a U.S. citizen will they stop me from entering the country or if I enter the country will they extradite me from a different state?
Depends, first you will be detained normally if found, and what they do is contact the agencies with the warrant and see if they want to come and pay to have you transported, In Ill, if you are in California, most likely they will not, if you are in Georgia they may ( not as far)
But then if they want you bad enough, or the wrong person is on duty when they call to see if they want you, you wlll be detained and extradited, you can ask for a hearing ( prolong your time before you go back)
But of course you can not have a drivers license anywhere in the US legally, will have trouble getting a ID. And so on in the US.
Best suggesting, hire an attorney in Illinois, to arrange bail so that you turn yourself in, but are released on bail as soon as you turn yourself in.
But it is just a matter of time till they finally get you unless you are planning to stay out of the US forever.
I don't think you'll get much past customs if you come back and they run your identification into the computers. It all depends on how much they want you if they will pay to extradite you. Why did you get a 5th and then a 6th DUI? Do you have some kind of death wish for other people when you drive a car?
I made some very bad decisions in the past 6 months and fell into depresion. They are all from different counties in Illinois but the two fellonies are from one they are class 2 I believe. Do you think that this may "help" me in any way to come back in a few years?
Warrants stay warrants for ever, and actually many judges just more "upset" the longer it takes you to get caught and will be harder on you if it takes years to get you.
And honestly do you want to be to the point of not being able to renew your passport maybe, or not looking over your shoulder every time a police car passes you.
Or worry on the way to an important event that you may be stopped and held for a while and be late?
Quote:
Originally Posted by v1ladimir
No, I think staying away only makes it worse. I think you'll get back into the Country and then be arrested standing there at the Airport or wherever you enter. Guarantee the warrants are on the computer.
I am doubtful about that "a warrant stays a warant forever" . Your crime is not against a person, only society, Most warrants have a statue of limitation attached to them, they aren't any different than anything else. Exceptions would be murder, rape, violent crimes against a person, or grand larceny... etc.
I have a nephew who broke tether years ago and ran to IL. Corrections department said he wasn't worth going after.
I am sure you can research the web to find your answer.
Quote:
Originally Posted by junebeckwith
You are incorrect - warrants never expire or die natural deaths.
Where did you read that "most warrants have a statute of limitations attached to them -"?
Not being worth going after and expiring are two very different things, which your nephew may find out the next time he's in his home State and stopped for something.
You need to read up on some laws here. Some crimes DO have a statue of limitation. If they are violent crimes, they do not, unless it is simple assault. How much law experience do you have? Anyone who ever took any law classes knows this legal fact.
Quote:
Originally Posted by junebeckwith
I learned that in law school and have some 20 years in the field.
CRIMES have statutes. WARRANTS do not. You are confusing two very different terms.
Please post which law schools are teaching that warrants expire or, otherwise, where you got this information. Is this what the Attorney who advised your nephew to skip told him?
Hello june:
Between Judy, the Padre, twinkie, and myself, we have over 35,000 posts here. You have 4.
If we DIDN'T know the law, it would have become painfully apparent years and thousands of posts ago. Not only are you incorrect, you're rude to boot.
Judy is giving you the law. That's what we do here. Although you don't deserve an explanation, I've nothing better to do. The statute of limitations begin when a crime is reported, and ends when someone is charged. That's done to encourage the cops to find the guilty party, like right now.
However, when someone HAS been charged, and absconds from the jurisdiction, and a warrant is put out, that warrant NEVER expires. The statute of limitations was designed to make the cops work fast. It was NOT designed to let a criminal suspect off the hook.
Now, I suppose you'll argue with me... That's cool. Let's go. I LOVE to argue.
excon
Junebeckwith:
Excon, Chuck, and Judy are correct.
WARRANTS have no expiration dates. Being charged with a crime HAS expiration dates, they are called Statute of Limitations.
Please post your reference where you say that warrants have expiration dates like a dozen eggs would expire on such and such date.
I have over 15 years' experience in law offices where the attorney(s) practiced criminal law, both State and Federal. Excon has personal knowledge. Judy has studied law. Chuck has studied law.
What are YOUR qualifications to give such erroneous advice?
When a crime is committed and a warrant is issued, and the warrant is never executed and the statue of limitations runs out on that crime... the warrant is null and void... that is simple criminal justice 101. There has to be a crime for a warrant to be in effect. So, the warrant dies with the statue of limitations.Unless it is a violent crime or high crime. A crime can be refiled after th statue of limitations runs out... but the majority are never pursued.
Quote:
Originally Posted by junebeckwith
Again - please quote the law, not your opinion.
You asked me so it's a fair question back to you - where did you go to law school and study law 101, which is apparently the class you are quoting.
Is this the same class that taught you to go to the Courthouse and look up warrants on the computer?
Hello again, june:Quote:
Originally Posted by junebeckwith
According to you, if a suspect was arrested, makes bail, and absconds from justice, all he'd have to do is hide out until the statute of limitations expires, and he's free as a bird.
No crime - no warrant, you argue.
I don't know where you took law 101, but failure to appear, is a crime. Bail jumping is a crime. Flight to avoid prosecution is a FEDERAL crime that absconders are charged with so the FBI can bring them back to the state, should they have left the state. But, they'll be charged with the federal crime anyway, because they won't know if the absconder left the state or not.
THOSE are crimes that have NO statute of limitations. The warrants on THOSE crimes, in addition to the underlying crime, will last FOREVER.
In addition, even if a suspect was never arrested, never bailed out, and didn't fail to appear because he never had to - but left the jurisdiction to AVOID being arrested, the statute of limitations STOPS tolling.
The statutes of limitations are NOT designed to help the bad guys get away. That's fifth grade law.
I understand that you aren't going to get it. I guess you're not impressed with 35,000 posts. Pretty arrogant of you, I might add.
So, YOU took law 101. I think you missed a few classes. But that's fine. I can see that I'm not going to convince you. Just be prepared to be put through the mill by every contributor here on the board when you continue to give your incorrect and bad advice.
excon
OK, lady, I am done with this thread. "Criminal Justice 101" was a sarcastic remark to you because I do not believe that someone who states they have been in to the field of law for 20 years, can actually misquote the laws. I am a lawyer, I know what I am taking about.
Hello again, june:Quote:
Originally Posted by junebeckwith
Real lawyers know how to cite law rather than just tell stories. You were asked for your legal citations. You ran your mouth instead. You ain't no lawyer.
excon
Quote:
Originally Posted by junebeckwith
And I don't believe someone who is a lawyer doesn't know how to post a citation, resorts to admitted sarcasm instead of fact. Also don't believe a real live Attorney finds no problem with a nephew skipping the State to avoid arrest and posts incomplete sentences and misspelled words, thinks you can get complete criminal histories from a courthouse computer.
But all of that aside, we have a lot in common - you think you're a lawyer and I think I sit on the US Supreme Court.
And in my spare time I'm the first assistant to the Easter Bunny. That's why I answer all the questions about dyed eggs but have no need to actually post other than my opinion.
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