scrubbedexpat099

And Canada.

Canada also has an issue with DUI.

crg

Yes. Getting caught with a hard drug can carry severe consequences. Whole countries and careers can be off limits forever. MDMA isn't weed.

The victimless crime aspect is subject to debate. Many children are subjected to horrors due to drug use and drug trade. Random bullets fired over turf hitting kids in their beds, robberies and murders by people seeking to fund a habit, significant public health costs, dozens of heads in a duffle bag down in Juarez on occasion.

FlyingDutchman6666

A lot more lives are ruined every year by alcohol than by illegal drugs. Does that mean that enjoying a pint of beer makes me morally responsible?

In the first part of the 20th century, a large chunk of US society thought the answer to that question was "yes". So they started a war against alcohol in 1920. Look how well that turned out.

Markie

MDMA isn't weed, no. But it sure isn't heroin either! But I don't want to be the one to drag a thread off into politics, so I won't comment on my feelings on the fact it's illegal in the first place.

My point remains, the long-term consequences for the OP in terms of careers could be massive, this is a big deal. The fact that the US (and many if not most other countries in the same situation) feel it is okay to deny people in those shoes a fair trial, shocks me (but does not surprise me).

scrubbedexpat099

You seem to be on your happy pills, guaranteeing entry to anyone with a court case is obviously silly, as the OP said his Lawyer will be representing him.

Markie

But why? Wouldn't you want to be able to tell the court your side if your freedom of travel and career choice were at stake? Not your lawyer tell it, tell it yourself...

I never said people should be able to run around like holiday-makers if in the country for a trial. Put them in immigration detention. Or change the court system to allow them to Skype in to the courtroom... Just let them appear, somehow, and tell their own story. No one should have to rely on a lawyer knowing their story better than they know it.

crg

Immigration detention space is limited and expensive. They will do it but usually only when there is a warrant and the feds also place a detained on the person. If the person is then bonded out and released in the criminal matter, ICE is notified and can just remove the person in the middle of the case. They've been known to scoop people out of the hallway during a court recess and remove them. There is the Supremacy Clause of the Constitution so federal trumps state.

As for Skype, what happens after a guilty verdict.

Judge: "I sentence you to 5 years"
Dependent: "Suck it, Judge! I'll just stay out of the US where you can't get me"

The government's interest in extradition from adjacent states is limited, let alone other countries even if possible.

ian-mstm

How do you suggest the court verify that the person Skyping is, in fact, the person whose name is on the court document?


The 5th Amendment to the US Constitution guarantees that you can't be compelled to incriminate yourself... which is why most defendants never get on the witness stand. I'm not sure if there's a similar protection in the UN Charter. Once a person starts to give their side of the story, the judge (or prosecuting attorney) can start poking holes in that testimony. It's almost never a good idea for a defendant to testify - and it's almost always a good idea for an attorney to do it on his behalf.

There's usually 4 sides to the truth: the truth as the defendant believes it; the truth as the prosecutor (or judge) believes it; the actual truth; and the perceived truth.

Ian

CluelessCarter

Hey guys sorry for the late reply,

I am not missing my court date, i have hired an attorney to appear for me, which is allowed as it is just a misdimenor. I cannot ever get an ESTA, however if convicted i could have my ineligibilty status waivered itself in 5-10 years. If not convicted, i belive i'll be able to pick up a B visa after 5 or so years anyway.

Markie

Forget the USA, I'm more worried for you about Canada and Australia...