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    stanislaw's Avatar
    stanislaw Posts: 5, Reputation: 1
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    #1

    Oct 15, 2009, 03:47 PM
    Fraud under $5000
    I was arrested for fraud in Brampton, ON, Canada under $5000, 1st time offence, 1st court date in Nov. no conditions placed on me. Can I travel to the US before my court date? Also, is there any steps before the court appearance I can take to assist me with the crown considering me for a diversion program?

    Thank you in advance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 15, 2009, 05:51 PM

    Yes you may travel, and talk to your attorney about working a program out for you
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 16, 2009, 05:47 AM

    If your name appears on the US computer as an arrest, trial scheduled, no, you cannot enter the US. At the time you were arraigned and at any subsequent hearings, were you not told not to leave the Country?
    stanislaw's Avatar
    stanislaw Posts: 5, Reputation: 1
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    #4

    Oct 16, 2009, 03:57 PM
    Quote Originally Posted by Fr_Chuck View Post
    yes you may travel, and talk to your attorney about working a program out for you
    Anywhere I can find out for sure, even people at border services have different answers.
    Also, can I just represent myself on the first day and if they don't want to give me a diversion then ask for more time, then hire a lawyer?
    stanislaw's Avatar
    stanislaw Posts: 5, Reputation: 1
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    #5

    Oct 16, 2009, 03:59 PM
    Quote Originally Posted by JudyKayTee View Post
    If your name appears on the US computer as an arrest, trial scheduled, no, you cannot enter the US. At the time you were arraigned and at any subsequent hearings, were you not told not to leave the Country?
    No I was released from the store on a promise to appear.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 17, 2009, 06:56 AM
    Quote Originally Posted by stanislaw View Post
    No I was released from the store on a promise to appear.


    I find it very difficult to believe that you weren't issued a ticket. How do you know when/where to appear?

    A ticket is in lieu of being dragged off and booked.

    If you were issued an appearance ticket it is "probably" in the computer system.

    - Or are you saying you weren't charged with anything and were told to make an informal appearance at some Courthouse?
    stanislaw's Avatar
    stanislaw Posts: 5, Reputation: 1
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    #7

    Oct 17, 2009, 07:03 AM
    Quote Originally Posted by JudyKayTee View Post
    I find it very difficult to believe that you weren't issued a ticket. How do you know when/where to appear?

    A ticket is in lieu of being dragged off and booked.

    If you were issued an appearance ticket it is "probably" in the computer system.

    - Or are you saying you weren't charged with anything and were told to make an informal appearance at some Courthouse?
    They did give me a "piece of paper" with the charge and when to appear for court, but with no conditions stating I can't leave the country. I called US pre-clearance at Pearson Int' Airport, but I get confilciting answers.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Oct 17, 2009, 10:05 AM

    That "piece of paper" is, in fact, some sort of statement that you were charged with a crime.

    I don't know what other info you want or need - if that arrest has been punched into the computer system and you attempt to leave the Country you will either be turned back OR arrested for attempting to leave before your Court appearance.

    You need to ask the Canadian authorities who charged you if you can leave or not.

    The computer is updated on a daily basis - the fact that you aren't on it today does NOT mean you won't be on it tomorrow.

    That's how it works!

    You appear to have very little understanding of the Court system - you think you got a "piece of paper" and don't even realize you've been charged with theft.

    You need an Attorney before you screw up the rest of your life.
    stanislaw's Avatar
    stanislaw Posts: 5, Reputation: 1
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    #9

    Oct 17, 2009, 01:35 PM
    Quote Originally Posted by JudyKayTee View Post
    That "piece of paper" is, in fact, some sort of statement that you were charged with a crime.

    I don't know what other info you want or need - if that arrest has been punched into the computer system and you attempt to leave the Country you will either be turned back OR arrested for attempting to leave before your Court appearance.

    You need to ask the Canadian authorities who charged you if you can leave or not.

    The computer is updated on a daily basis - the fact that you aren't on it today does NOT mean you won't be on it tomorrow.

    That's how it works!

    You appear to have very little understanding of the Court system - you think you got a "piece of paper" and don't even realize you've been charged with theft.

    You need an Attorney before you screw up the rest of your life.
    I do understand what I have been charged with. What I am trying to understand is: Can I cross the border before the 1st court date or not. Some of the Police say yes, some of the people at border services tell me all I have to do is bring the notice to appear and I will have no problems, some say no I won't be... is there someone who I can trust to tell me the correct info. Also, if my charges will be dropped or I get a diversion program, will I then be able to cross without issues or will a waiver still be required.

    Thanks.
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