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  1. #1

    Question Returning to the U.S. with a Felony Warrant

    Returning to the US with felony warrant

    I left the US few months ago for a job in another country, I am about to return in few days;
    My flight back brings me in with a layover of two hours in Newark NJ, where I used to live with my ex,
    I’ve been permanently residing in CA since 05; my divorce were over in 2010,

    I since then traveled in and out of the US several times; my last return was in September of 2013,
    On a sunny summer day I was pulled over for routine check and was arrested on the spot by the officer,
    I was detained and was explained I’m about to be shipped to NJ handcuffed for arson charges; I was stunned to say the least,

    I was in the station sitting in the cell waiting to be processed when the officer returned and released me (they drove me back to my car),
    They told me there some warrant for my arrest in NJ I should take care of it, and that was it,
    They handed me a hand signed note by the officer; they called “get out of jail card” in case another officer pulls me over,
    the card states “DO NOT BOOK” with the officer name and number; I suppressed the uncomfortable event and moved on,

    I left again in late October 2014 and ask stated I am about to return home to CA with a layover in NJ,
    I recalled the events of last year I decided to request he help of a local criminal attorney who can make sure im not going to get arrested while coming in through Newark border check

    What he found out wasn’t at the least pleasant; I turns out my ex has collected some digital or social network based evidence against me;
    that indicate that I violated some permanent restraining order she had in place, I was not aware of such warrant,

    I’d like to take care of this through legal channels but faced with many obstacles;
    I have to go to jail in NJ first so the bail can be set and something will start (im not sure),
    the warrant is for violating a permanent restraining order via digital harassment means or something like that (apparently many emails),
    the prosecutor doesn’t want to cooperate to allow me to come in to surrender myself by lifting the warrant for traveling purposes; or to prove my attorney with discover at this point,
    they are not aware I am out of the country at the moment and I don’t want to give them any information at this point,

    I noticed while sending information to my representing attorney in NJ atm, that my ID license and my passport have different spelling;
    The warrant is set to name on my ID, the name on my passport is completely different; now comes the obvious question,
    what is the likelihood that I will be flagged by CBP on reentry if my passport has a different name?
    (not legal name change; different spelling of the same name from when I applied for passport)

    TIA

    Chris

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Returning to the U.S. with Felony Warrant

    This is something you would discuss with your attorney.

  3. #3

    Default Re: Returning to the U.S. with Felony Warrant

    my attorney will represent me,
    but he cant give me any information in regards to my question, will i get flagged by CBP on reentry if my passport has a different name?

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Returning to the U.S. with Felony Warrant

    If he cannot answer your questions, find an attorney more experienced with your problem.

  5. #5

    Default Re: Returning to the U.S. with Felony Warrant

    i wouldn't know where to start,
    i searched for representation in the close vicinity of the court house in NJ,

    there aren't to many options available in such short notice,

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Returning to the U.S. with Felony Warrant

    That's what happens when you leave things to the last second.

    You'll be able to find someone. It will just cost you.

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Returning to the U.S. with Felony Warrant

    Call the local bar association for a referral.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,206

    Default Re: Returning to the U.S. with Felony Warrant

    Quote Quoting kninja
    View Post
    my attorney will represent me,
    but he cant give me any information in regards to my question, will i get flagged by CBP on reentry if my passport has a different name?
    I do not think so. You do not have a federal warrant, you have a state warrant.

    However, there is one way that you could resolve the problem, and that would be to change your flights so that you do not reenter in NJ. Try re-entry someone away from the northeast section of the US. Chicago would be a good option.

  9. #9

    Default Re: Returning to the U.S. with a Felony Warrant

    Quote Quoting kninja
    View Post
    what is the likelihood that I will be flagged by CBP on reentry if my passport has a different name?
    (not legal name change; different spelling of the same name from when I applied for passport)

    TIA

    Chris
    The algorithm cross checking your last and first name to criminal data bases does not have the capability to account for mistakes in spelling. If the names on your passport are different than the ones on the warrant, even by one letter, no trigger will occur - presuming CBP, or any other law enforcement entity only checks your passport and no other form of identification.

  10. #10

    Default Re: Returning to the U.S. with a Felony Warrant

    Thank you Working,
    that is exactly what i was going to do, come in through LAX instead of the layover in NJ,
    my attorney said it doesn't matter where i come in from; they will nab me and ship me to NJ; his advice is... i'm better off coming in though NJ,


    Thank you Zulu,
    very much the assurance i was looking for,
    i will only carry my Passport on me when traveling; my ID will be checked in with the rest of my luggage,

    does this explain why i wasn't flagged when i came through LAX CBP international customs few weeks prior;
    but then detained few weeks later when when a random officer run my drivers lic?

    they don't cross reference names to SSN or fingerprints?
    do you know this first hand?

    TIA

    Chris

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