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goldenbullet23 · Sep 14, 2013, 03:34 AM

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.

joypulv · Sep 14, 2013, 03:48 AM

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.

AK lawyer · Sep 14, 2013, 04:48 AM

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?

joypulv · Sep 14, 2013, 07:05 AM

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.

AK lawyer · Sep 14, 2013, 07:16 AM

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

Fr_Chuck · Sep 14, 2013, 07:22 AM

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.

AK lawyer · Sep 14, 2013, 07:27 AM

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.

joypulv · Sep 14, 2013, 07:28 AM

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

AK lawyer · Sep 14, 2013, 07:39 AM

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.

fibian · Sep 14, 2013, 09:46 PM

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.

goldenbullet23 · Sep 14, 2013, 09:54 PM

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.

joypulv · Sep 15, 2013, 01:14 AM

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.

AK lawyer · Sep 15, 2013, 05:23 AM

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.

tickle · Sep 15, 2013, 06:09 AM

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.

AK lawyer · Sep 15, 2013, 06:21 AM

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.

tickle · Sep 15, 2013, 06:49 AM

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?!

AK lawyer · Sep 15, 2013, 06:59 AM

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.

ScottGem · Sep 15, 2013, 07:29 AM

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.

goldenbullet23 · Sep 15, 2013, 07:44 AM

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.

joypulv · Sep 15, 2013, 07:44 AM

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.