Customs Help - Felony Charge - any experience ???

[crystalclean]

Does anyone know firsthand about being allowed on board with a felony charge that has not gone to court yet -- meaning NO conviction !!??

 

I have called national & local authorities -- should I call the Port of Departure?

 

I'm all for consequences and accountability for our actions, but from all I've heard so far . . . he won't be allowed to board !!

[Mikel1733]

There have been at least one or two threads on this subject in the past few months. If the search feature is working you might try that. I believe the standard theory expressed thought you would not get on board. There are some experts (Attorneys here) who can help if they see the thread.

[DarthGrady]

If the person is out on bail, leaving the country would be a bad choice.

[PhoenixCruiser]

LMAO!!! I cannot separate your Screen name with your question :eek:

 

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[PINEVIEW01]

If on bail no for sure and if confected no for sure. I think they should ask the lawyer representing them.

[Wennfred]

Does anyone know firsthand about being allowed on board with a felony charge that has not gone to court yet -- meaning NO conviction !!??

 

I have called national & local authorities -- should I call the Port of Departure?

 

I'm all for consequences and accountability for our actions, but from all I've heard so far . . . he won't be allowed to board !!

 

You will need to contact your local law enforcement agency and check if this person has a warrent. If not because his/her court date is after the cruise, this person should be ok.

 

Warrents:

 

Warrants are typically issued by courts and are directed to the sheriff, constable or a police officer. The warrants issued by a court normally are search warrants, arrest warrants, and execution warrants. A typical arrest warrant in the United States will take the approximate form of:

"This Court orders the Sheriff or Constable to find the named person, wherever he may be found, and deliver said person to the custody of the Court."

[crystalclean]

I know . . . I am really inviting the sarcastic comments ! I can understand that !

 

Definitely No warrants . . . and our attorney believes charge will be "expunged" (however, child does not know that!)

This involves an 18yr old's college celebration and a long list of poor choices that followed.

No court date and this happened 7 months ago !

I was hoping someone would see this thread who would know and I appreciate all the info.

[cruisin_fanatic]

If on bail no for sure and if confected no for sure. I think they should ask the lawyer representing them.

 

 

off the subject, but Pineview..I was checking out your signature with the cruises you have been on and perhaps you should take my screen name..because you have surely been a cruisin fanatic...hopefully one day my signature will make my screen name more believable...lmao! :D

[qprrules]

No warrants - No problems unless the court has specifically denied travel. If he has a bail bondsman, check the paperwork he signed. Generally, unless stated by the court there will NOT be anything saying he can't travel in the paperwork. That doesn't mean you shouldn't let them know of his plans....

[cruisinjerseygirl]

I think if there is a warrant, out on bail, or an outstanding charge there would be a limit to travel due to flight risk. I was a bondsperson and I only know how that works but I would say the best thing to do is call your attorney because with this kind of thing going on I am sure that you have one. Just call and ask if you are able to travel or if the party is able to travel...I think I get the drift about what is going on with your situation and it sucks, I am so sorry for you! Defintely call your attorney right away. I know people who were able to go away so I think that each situation is different.

[PINEVIEW01]

off the subject, but Pineview..I was checking out your signature with the cruises you have been on and perhaps you should take my screen name..because you have surely been a cruisin fanatic...hopefully one day my signature will make my screen name more believable...lmao! :D

;) as you can see I have only racked them up since last January when I took early retierment. They wouldn't give me enough time to cruise so I had too. Good Luck!

 

To OP good luck with being able to cruise, but I would get legal advice first and not take our work for it. Even if someone came on here and said they were in the know I don't think I'd risk paying for a cruise and risk being turned away at the port and it does happen!

[ParrotHead79]

I know . . . I am really inviting the sarcastic comments ! I can understand that !

 

Definitely No warrants . . . and our attorney believes charge will be "expunged" (however, child does not know that!)

This involves an 18yr old's college celebration and a long list of poor choices that followed.

No court date and this happened 7 months ago !

I was hoping someone would see this thread who would know and I appreciate all the info.

 

 

OK---was the subject arrested on these charges? That is where you need to start. If the subject was arrested, and is free on bond--there are sometimes stipulations.

If the subject was not arrested (IE-only charged) we call this long forming, then there is no bail= no problem.

 

If there has not been a conviction, and no warrant has been issued for the subject, then you are good to go. I wouldn't even mention it. IE--you get charged with a felony crime--it takes a year to go to court. You are not a felon until you are convicted. That is the day it goeds on your record.

 

It can also make a difference as to where you were charged. Federal court or district court. Some courts will report absconders, or people that skip out on bond.

 

 

Basically, the easiest thing to do is to check with the local prosecutor to see if there are any travel restrictions for the subject. Usually this will not happen unless the subject is a flight risk, or if there is a bondsman involved, they will sometimes restrict the subject.

 

Hope that helped a little.

[coco6]

I know someone very close to me that was charge and went to court on a felony charge. He plead guilty..that is what his attorney suggest he do. So I assume he is now a convicted felon right? Well he went on a cruise shortly after this about 1 yr or 2 after the conviction and he had no problems getting on the ship. He was worried about it, but he didn't say anything and he just waited as he went thru the line and checked his ID and everything was fine. I wouldn't say a thing and just go. But if you wanted to be sure, ask your attorney and leave it at that. I would not tell anyone on the ship, I would just go thru the line and hand my ID in. Thats my opinion. Let us know what the results are from your attorney should you find out.

 

Thanks

[trarecar]

Has he/she been indicted yet? You say seven months and no court date - sounds like perhaps it hasn't gone to the grand jury yet.

 

And if you are paying an attorney, I would really want to get my information from them, and not a bunch of boobs from a message board. Myself included. LOL

[ParrotHead79]

Has he/she been indicted yet? You say seven months and no court date - sounds like perhaps it hasn't gone to the grand jury yet.

 

And if you are paying an attorney, I would really want to get my information from them, and not a bunch of boobs from a message board. Myself included. LOL

 

 

Grand jury? You watch too much TV.

 

Grand jury's are not always used in felony cases. wow

[VolzCruiser]

Does anyone know firsthand about being allowed on board with a felony charge that has not gone to court yet -- meaning NO conviction !!??

 

I have called national & local authorities -- should I call the Port of Departure?

 

I'm all for consequences and accountability for our actions, but from all I've heard so far . . . he won't be allowed to board !!

 

It all depends on the local jurisdiction that the crimes were committed. If the bail says that you aren't allowed to leave the United States then you aren't allowed to. Doing so could risk the revocation of the bail and then the person would be back in jail until the end of all court dates. It doesn't matter what the lawyer says about what most likely is going to the court case. All that matters is what the bail says.

[jandjfun]

In my opinion, there shouldn't be a problem. I know someone I was traveling with that cruised while waiting for a court date. Innocent until proven guilty. BUT, if I am wrong, your 18 year old could really be screwed if he/she goes out of the country. I think the only advice you should take is that of your attorney. Period. A 7 day cruise is not worth any amount of time in jail!

[FrogCWR]

Grand jury? You watch too much TV.

 

Grand jury's are not always used in felony cases. wow

 

Hey hey... now they did include themselves in the "boob" comment, so what if they watch too much tv. He gave the OP the right advice, though. TALK TO YOUR LAWYER. :cool:

[In2why]

Does anyone know firsthand about being allowed on board with a felony charge that has not gone to court yet -- meaning NO conviction !!??

 

I have called national & local authorities -- should I call the Port of Departure?

 

I'm all for consequences and accountability for our actions, but from all I've heard so far . . . he won't be allowed to board !!

 

Call the Court that is handling your son's case. If he has a felony charge there is some type of condition in place that keeps him from sitting in jail waiting for his court date. The court clerk will be able to tell you the conditions.

[crystalclean]

Thanks everyone !

Of course we are consulting our attorney . . . he just referred us to US Customs and we get a different (scary) answer every time we call and speak with a different person.

I will re-check the paperwork specifically looking for any travel stipulations, then ask the attorney again.

Carnival (no expert by there own admission) thinks that if there will be any upcoming court date - he will be arrested at port -- i don't get that as there is no warrant.

Mmmmm !

My investigation continues.

[MizzCard]

Does he already have a passport? If not, there may be a problem there.

[crystalclean]

yes, already has a passport !

 

Seem to get different answers from everyone I ask.

 

Attorney refers us to customs, customs (800 number) referred us to our local office, local office referred us to Port of Miami Customs and Port of Miami (passenger operations) says, "no warrant, no problem"

I think I will have the attorney write a letter re-stating that there are no travel restrictions.

It would just be a nightmare to get all the way to Miami (with our whole family) only for my 18 yr old to be turned away !

 

Thanks for all the comments !

I might try a couple more calls to the Port -- just to see what else they have to say.

[MAC7]

LMAO!!! I cannot separate your Screen name with your question :eek:

Classic!:D

[bobbo777]

 

Attorney refers us to customs.

You need to get a new attorney because if he/she can't or won't give you an answer then they're not doing there job! Even a public defender is capable of giving you the right answer. Trust no one else, because it'll come back and bite you in the a**. That's what attorneys are for...they're familiar with your case and familar with the restrictions of your bail. If they're refering you to someone else, fire them and then contact your states bar association.

[Essiesmom]

Seems to me customs would have nothing to do with this...They are only concerned about what you are bringing back into the country. Immigration, however, would be interested...EM