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Skipping Bail
Hello: Can someone please explain if stature of limitation applies in this case: 20 years ago, my soon to be ex-husband was arrested on suspicion of insurance fraud and was released on bail (he claims he was innocent). He did not return to his court hearing, instead he skipped bail, returned to his native country and has never returned. Question: as this happened 20 years ago and was actually not convicted due to his absence and therefore I am assuming is only guilty of skipping bail, would he get arrested if he returned to Canada?. He has been able to travel freely in Europe and the U.S., so it would seem the Canadian authorities did not alert any institution, ie: FBI, Interpol, etc. of his status as a refugee from Canadian law. We have a son together and would be interested in knowing if he could return on a tourist visa, his prior status was student visa, though I had started the process of sponsoring him after I married him, but he left before obtaining landed immigrant status. Any way I can find out if he was convicted in absentia, his current criminal status?. Thanks in advance for any help you can provide.
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Re: Skipping Bail
He's a fugitive. Any statute of limitations would have stopped running when he was charged. I can't speak for what the Canadian authorities would do if they found him in their jurisdiction, but I would not be surprised if he were taken in to custody to be returned to the place where he committed the crime for trial.
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Re: Skipping Bail
Of course you are correct, he is a fugitive, I know this, he is also the man that left me with his child to raise alone while he cowardly ran away. But in the last 20 years, I lost my parents and so I was just wondering if there was any way that my son could ever see his father, going to his father's country is not an option. Since I have written the initial post, I found out my husband remarried, I had started divorce proceedings before knowing this, now I have no idea how to go about divorcing a bigamist in a different country.
But going back to your answer, I thought the same, that sooner or later he would get arrested somewhere, but if it did not happen in 20 years, I am pretty sure Canada never bothered alerting anyone and so I am pretty sure he is free everywhere, except where he committed the alleged crime.
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Re: Skipping Bail
Q: Since I have written the initial post, I found out my husband remarried, I had started divorce proceedings before knowing this, now I have no idea how to go about divorcing a bigamist in a different country.
A: Actually, it is the same for divorcing a non-bigamist in the same country. You hire a lawyer and file the lawsuit. Then, a couple of months later, you are divorced.