Holidaying in the USA with a possible criminal conviction???
 

Hi I'm a UK citizen and wanting to visit the US. However 13 years ago while travelling back from Key West to Orlando I was caught speeding. A ticket was produced by the police officer and it gave me (I think) 14 days to pay the fine. We left Orlando 9 days before the time to pay was up. When I got home I sent a UK cheque but I am unsure if the cheque went through or not. My dilemma is: If the fine wasn't paid will there be a warrant out for my arrest? or Because it's so long ago will it be forgotten about? I look forward to your comments. :confused:

Re: Holidaying in the USA with a possible criminal conviction???
 

Oh crap! They just started to clamp down on those cases too. There are so many holidayers skipping fines and thinking they can get away with it, it amounts to millions a year in lost state revenue. There's a special task force been set up to investigate these backdated 15 years and those unlucky enough to be traced face permanent ban from port of entry in addition to a very hefty fine at that point if you try to get in.

Suggest you get cosmetic surgery and have your name changed. A house in some country apart from extradition treaties might be advisable such as Hungary or Bosnia.

Good luck. :)







(Actually, I haven't a clue - just really, really bored at work)

Re: Holidaying in the USA with a possible criminal conviction???
 

Do you have proof that you sent a cheque? Florida doesn't usually issue bench warrants for moving violations! My advice, don't fly into Florida.

Ian

Re: Holidaying in the USA with a possible criminal conviction???
 

Wouldn't that be past the statute of limitations anyway? (usually 7 years) So safe from a legal standpoint?

Can't see the immigration implications - I can't see how it could be a CIMT...

Re: Holidaying in the USA with a possible criminal conviction???
 

In any case you just did not pay a fine you are not a criminal; there are no implications concerning immigration for not paying fines; besides, the statute of limitations run a long time ago; you have nothing to worry about; have a nice trip but don't speed again, ehhh?

Re: Holidaying in the USA with a possible criminal conviction???
 

Can you back any of that up? Not paying a fine here in TX leads to a warrant being issued for your arrest. That, in turn, would be something you'd have to mention in the context of any immigration questions regarding your criminal record, regardless of how long ago it was, or how trivial the crime.

EDIT: Oh, I forgot! You're a lawyer. How are you covered for giving legal advice on these boards? That was legal advice you just gave him, wasn't it? You know, all that stuff about statute of limitations?

Re: Holidaying in the USA with a possible criminal conviction???
 

A speeding ticket in Texas is a Class C misdemeanor and the Statute of Limitations is 2 years.

"Class C misdemeanors - Punishable by a fine not to exceed $500. As there is no jail sentence possible, regular probation cannot be given in these cases. However, a special deferred adjudication probation is a possibility for many first time offenders. This type of probation results in no conviction once the case is resolved. Speeding is one example of a Class C Misdemeanor."

The non payment of a fine may result in the suspension of the license for a period under the Judge's discretion based on the totality of the circumstamces. To suspend a license or issue an arrest warrant it is mandatory that the Court notifies in writing to Driver at the address shown in the Driver's License. Generally Traffic Courts do not accept funds from out of the US, for that reason they tend to be lenient regarding speeding/traffic tickets issued to tourists; in any case the right course of action would be to pay the fine.

This is a lay person's opinion. I may or may not be a lawyer, but certainly I am not your lawyer nor anyone else's in this Forum. The Supreme Court has held that no attorney/client relationships are established in Forums where only gratuitous opinions or suggestions are exchanged and no fiduciary relationship was created.

Got it?

Re: Holidaying in the USA with a possible criminal conviction???
 

Hi:

Which Supreme Court? I'm truly curious. A citation would be appreciated.

Re: Holidaying in the USA with a possible criminal conviction???
 

You know you're not going to get an answer. If the person isn't a lawyer, she won't say anything in an effort to hide behind the forum's relative anonymity. If the person is a lawyer, she would have already said so for no other reason than to enhance her credibility.

I'm guessing the person is a wannabe lawyer... perhaps a paralegal or, more likely, a receptionist.

Ian

Re: Holidaying in the USA with a possible criminal conviction???
 

The OP only wanted to visit for a vacation, not move here.

Re: Holidaying in the USA with a possible criminal conviction???
 

I'm guessing the person is a wannabe lawyer... perhaps a paralegal or, more likely, a receptionist.

Ian[/QUOTE]

Paralegal? I wish! I am the law firm's cleaning lady :p

Re: Holidaying in the USA with a possible criminal conviction???
 

Many lawyers who post on boards often have to state they are a lawyer for legal reasons. Sometimes they have to publish a legal disclaimer saying 'this is "legal information" and not "legal advice"' because of the rules surrounding legal advice, attorney-client confidentiality, ethics regulations and misrepresentation statutes.

My disclaimer would be something like: I am an attorney registered with the Bar Association of my state, but I don't practice as a lawyer so don't listen to anything I say if you are smart.

(I actually am an attorney along with other things)