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  1. #1
    Join Date
    Jul 2008
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    Europe
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    7

    Default Misdemeanor Charge, Denied Entry to US

    My question involves an Bench warrant from the State of PA:

    Hello,

    I was a resident in the US from 1994 to Summer 2002. I was charged with a misdeminor theft charge Category M3 in Pennsylvania in 2001. In January of 2002 I entered a plea to enter into the PA ARD Programm ( First Offender Programm, length 2 years, thereafter record will be deleted). After entering into the Programm I moved to Florida. Since at the same time I got divorced I decided to go back to Germany to visit my family, during my visit I decided that I did not want move back to the US. I live and work now since August 2002 back in my Homecountry Germany. I surrendered my Green Card (permanent resident card in 2002 to the US Embassy in Frankfurt. I also had send a letter to the ARD Programm letting them know I had moved back to Germany (also in 2002).

    Well last month I was on a business trip to central america with a stop in Miami this requires entry into the us, which was denied to me, I was told I have a misdeminor charge which involves moral turpitute ! Anyway after 6 hour interview with Homeland security I was allowed to enter the US under Parole section 212 which allowed me to catch a plane home instead of being deported.

    Doing some research and being scared to death after my encounter with HC I found my public record in PA.

    This is was has happened:

    1. In february 2003 the DA filed to be removed from the ard programm
    2. In march 2003 the judge issued a bench warrant for FTA for Trial, bond forfeited US 1 Dollar.

    My question know is how can I get this resolved while living in Germany and who do I have to contact to have the bench warrant removed ?

    Wanted to mention that I do have no intention to move back to the states but business requires me to travel thru there now and then.

    thanks a lot for your help in advance

    Eco

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Misdeminor Charge / Denied Entry to US

    The problem is that you skipped on your probation.

    You can't just decide that a court ordered sentence doesn't work into your plans and take your ball and go home.

    Which is what you did.

    I would contact a US lawyer in the jurisdiction you were arrested in and find out if the court will cut you a break.

    I wouldn't count on it, though. Courts are not usually known for letting people that ignore court ordered rules off the hook.

    Good luck.

  3. #3
    Join Date
    Jul 2008
    Location
    Europe
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    7

    Default Re: Misdeminor Charge / Denied Entry to US

    Hi,
    thanks a lot for your feedback and advice. I have contacted in the mean time a lawyer to look into the issue.

    I do not expect to be left of the hook and I sure will honor any fine issued. In retrospect of course a lawyer should have handled me leaving the US and work something out with the DA and surely going to work back home back then did not seam like a big deal and I sure did not leave the us to 1. skip propation 2. disrespect any US Court, even though it is technicaly correct.

    any chance on handling this without a lawyer ?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Misdeminor Charge / Denied Entry to US

    Quote Quoting ecoquest66
    View Post
    I do not expect to be left of the hook and I sure will honor any fine issued.
    That may no longer be an option.

    Probation violation is it's own charge.

    In retrospect of course a lawyer should have handled me leaving the US and work something out with the DA and surely going to work back home back then did not seam like a big deal and I sure did not leave the us to 1. skip propation 2. disrespect any US Court, even though it is technicaly correct.
    Here is what the court sees. You were granted probation and the possibility for a clean record.

    The next time the court hears from you is when you say you are staying in Germany and here's your green card.

    I am pretty sure that you weren't allowed by the court to move to FLORIDA much less Germany.

    What you did by not taking care of this is turn a minor offense into a HUGE deal.

    Courts are all about technically correctness.

    any chance on handling this without a lawyer ?
    What, by mail? No, no chance... if you come back to PA to manage this, you will find yourself in a cell.

  5. #5
    Join Date
    Jul 2008
    Location
    Europe
    Posts
    7

    Default Re: Misdemeanor Charge, Denied Entry to US

    Hi again,

    and thank you on your views. Just wanted to let you know that I was allowed by the court to move to Florida. The think with moving to Germany is of course a other story ! Only probation requirement back then was 200 hours of community service and I was allowed to travel internationaly as my work required it.

    From the record I got, Bail was set at 1 Dollar, so cant be such a horrible crime behind it. Anyway the way I look at it is that if the court would accept a trial without me being present thinks could get resolved without having to spend thousends of dollars.

    To your question: What you did by not taking care of this is turn a minor offense into a HUGE deal.

    Well the situation back then was quit simple, I got divorced and the enterprise I worked for ( German Company) closed and I was layed of. SO I found myself in summer of 2002 in somewhat unpleasent situation. I went for holdiay to visit my parents and during the visit a new carrier opportunity turned up, again in internatiol business, which I jumbed on. my Green Card I surrendered in 2002 at the US Embassy.

    will see what comes out of this and by the way being interviewd by homeland security for 6 hours is no fun and also in no relation with what has happened back then.

    Is it possible to stand trial with a lawyer in the US without being personly present ?

    regards
    eco

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Misdemeanor Charge, Denied Entry to US

    When you violated probation, you took a minor issue and made it much worse.

    Get an attorney. Good luck.

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