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    duneek's Avatar
    duneek Posts: 2, Reputation: 1
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    #1

    Jul 14, 2012, 04:44 PM
    Promise to Appear, Fingerprinting, and Warrant
    Hi all. I am an American citizen who was arrested 5 months ago for suspicion of DWI in British Columbia, CA. I was issued a Promise to Appear for fingerprinting as well as an initial court hearing. I recently learned that Crown didn't approve the charge and the case file was returned to the police for more information. It was something to do with not noting a detail on the breathalyzer form. My attorney advised me that if I attend my fingerprinting appointment, they will possibly try and take that opportunity to serve me with the edited version of the breathalyzer form and then have the charges approved.

    My questions are, can a bench warrant be issued for me if I do not show up for fingerprinting although the charge hasn't been approved and how likely is it? Will I receive notification by mail if a warrant is issued? And since this is a hybrid offense, does the 6 month statute of limitations on approving a charge come into play or will it just sit there waiting for me to address it in the future? Thanks for your advice in advance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 14, 2012, 05:04 PM
    Yes, they may just serve you in the US, and I assume you have no plans to go back into Canada ever again ?
    duneek's Avatar
    duneek Posts: 2, Reputation: 1
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    #3

    Jul 14, 2012, 05:20 PM
    I do plan on returning to Canada in the future, but was just hoping that since there is no charge approved and no hearing that maybe a warrant would be difficult to produce. They can serve me in the U.S. I read that such warrants are particular to the province they are approved in.

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