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1. Posted by kaduco (Budding Member 10 posts) 6y

Help required

My cousin got charged in Canada for Minor Sexual Assault .. He has left the country without facing trial or finger prints as he got some Threats from Local people . I am just wondering will this Charge will be shared with US Police or Border Security if he travels to US ?? he holds Nepal's Passport.. will it a problem for him to Enter US ?

I am just seeking help from Experience people .. I am sure Canada share Data with US but i m not sure if his data was shared or not ? as he was only charged not convicted ..
And if he goes to US and US Immigration Officer Finds that he has a charge , will he be Deported to Nepal or will he sent to Canada to face charges ??

He has traveled to US several times and holds a good record with US .

Seeking Advice and Suggestions from Experience People :)

Thanks in Advance ..

Sam :(:(:(:(:(:(

[ Edit: Edited on 13-Sep-2010, at 04:00 by kaduco ]

2. Posted by Calcruzer (Moderator 1992 posts) 6y

We are not lawyers here on this site--and US law requires legal advice to be given only by lawyers.

However, here is the text of the US-Canada extradition treaty:

http://www.lexum.com/ca_us/en/cts.1976.03.en.html

which says in the "Schedule" at the end what crimes someone will be extradited for. It also says that they must have actually have been charged with the crime by the state or federal authorities. Note that it also says that they will also possibly try to expedite anyone who helps someone to escape the law by assisting them in any way to go from one country to the other in an attempt to escape prosecution.

3. Posted by kaduco (Budding Member 10 posts) 6y

Thank You for your reply .. well he has been charged by State Police not federal police .. and we have checked that its not a Country wide warrant .. its only Province wide . well We will try to contact Lawyers for that .. Thank you for your reply .

4. Posted by jambo101 (Respected Member 414 posts) 6y

Your buddy got charged with a crime
Failed to appear in court
Judge issues a bench warrant for his arrest
Thanks to technology his crime is now on every security computer in N.America.
Next time his identification papers get checked he's off to jail.
Yes a lawyer familiar with immigration procedures maybe in order.but i think your buddies days of living in N.America are over.

5. Posted by kaduco (Budding Member 10 posts) 6y

What is this bench warrant ?? well his warrant is only in the province , we checked it but not sure its fully spread in N America .. his lawyer said that he is only charged not convicted and its not a Agrivative Charge .. Lawyer is saying that his warrant will only be in that Provice not anywhere else or at the port of Entry in Canada not in US . If he is going to US , will he be sent to Canada for trial or he will be deported back to his native Country if found in System ?? his lawyer is saying that there wont be any kind of problem in US .. I am seeking for a Help . please let me know if anyone can help in this please .

I Understand US & Canada do share records but not all . the warrant is only in Westren Canada not Canada Wide or World wide . please help

6. Posted by jambo101 (Respected Member 414 posts) 6y

I'm no lawyer and if your friends lawyer is saying everything is ok then i guess your friend wont have any problem at the border eh

As for a bench warrant? its usually issued by the judge when some one fails to appear in court, it involves an immediate arrest.
Your text to link here...

Can you call the police station where the infraction was processed and ask them the status of the case?

[ Edit: Edited on 20-Sep-2010, at 01:44 by jambo101 ]

7. Posted by kaduco (Budding Member 10 posts) 6y

Thank you for your reply Jumbo ... well will the police let him know about the status of the case ?? What shall we ask from them ??

8. Posted by jambo101 (Respected Member 414 posts) 6y

When the event occurred police from a certain station took your friend to a police station and interviewed your friend for the crime committed..
Call up that police station and give them as much information you can remember about the incident so that they can access the files on the case,once they have the files on their computer you can ask the officer about the status of the case such as
is my friend a wanted criminal?
Can he cross the border?
What is needed for him to resolve the issue?
Do bring up the fact that your friend was unfamiliar with the legal aspects of what had occurred thus his returning to his home country.

If on the off chance your friend never got taken to a police station he may have just got a verbal warning,if so your friend has no problems at all..

PS. you might want to make that phone call to the police station on a pay phone.

9. Posted by kaduco (Budding Member 10 posts) 6y

Thank you Jumbo for a valuable Information .. I will try to call RCMP regarding this for sure , as its a matter of his whole life .. and yes i will call from Pay phone :) I appreciate your valuable Suggestion .. Thank you once again .. cheers :)

10. Posted by DaveinMD (Respected Member 198 posts) 6y

Um, it's his cousin not his friend or buddy. Not sure why that bothered me so much but I thought I'd clarify.