hanburyd

A couple of year back I visited my home town in the UK and was confronted by some 'lads' who'd had it in for me since I was a kid (in their 30's now if you can believe it) Just as I'm trying to exit the bar quietly, somebody threw a punch from out of nowhere. A couple of guys hold him back and I launch an exceptionally loud verbal attack for his poor judgment - with my nose pouring all over the floor.... Soon afterward, I'm arrested for public drunkenness and thrown in a shabby jail cell for the night.

I'd only had time for 3 beers, I was almost completely sober.

The next morning I'm issued a court date for the following week, which was impossible for me to attend due to the cost and significance of my schedule. My plan was to drop my then 2yr old daughter off in NYC on the Sunday with my wife and then fly on to Chicago for a production meeting for Monday, it was imperative that I stuck to this schedule in order to make a deal with some impatient clients. So at 6am on Sunday morning I left as expected and fulfilled my family/business obligations, vowing to not return to the UK any time soon.

The Warrant was issued the morning after the court date and I received a phone call on my cell. I told the officer/clerk that I was unimpressed with their archaic judicial system and they could basically stick it up their collective ass. They said "I would be arrested upon my return" - GREAT!

I've been in the states for 10 years on and off, I'm legal but not yet a full citizen, I'd like to renew my UK passport that expired several months ago. But I believe that I'm about to face some really aggravating obstacles along the way for that one mistake.

Will the consulate issue me a passport in light of my predicament?
I doubt it, maybe you can shed some light on that for me. I don't want to face extradition over something as simple as drunken disorderly. And come trying to get citizenship, am I to expect a whole host of new problems from the INS because the UK police are a bunch of uneducated dimwits with literally no common sense?

I don't know the answers and should seek a good lawyer no doubt. But it would be nice hear the thoughts of regular people on this subject matter.

..

I will pre-warn anybody who tries to offer me some 'Sheeple' commentary on how this could have played out in the correct legal manner. I don't frown upon the law, but I do frown upon people who quote the law and government as if they actually give a crap about you - as an individual. My financial interests were at stake and as it turned out, it was a 6 figure gig that helped us pay down our mortgage. I had NO CHOICE other than to have left and did everything my power to postpone the upcoming events.

Maybe I'll pay the price for my ignorance. But then again, maybe the legal system shouldn't be so flawed to begin with.

hanburyd

If anybody has a name of an exceptional lawyer/solicitor in the UK, who might be good at resolving such things. I'd be more than pleased to hear.

md95065

I don't see any reason why you wouldn't be able to renew your passport and there is no way that you are going to face extradition over a failure to appear on a drunk and disorderly charge.

You will, however, potentially have some problems with an application for US citizenship. The first thing that you should do is to find a solicitor in the UK who can help you find out what the current state of your case is and whether you may be able to just pay a fine and clear the whole thing up. Whatever you do you will also need to be aware of what the ultimate disposition of the case in the UK will mean for your US citizenship application.

lapin_windstar

I don't know how much of a problem this is in practice but in theory (at least until relatively recently) there was no obligation for the UK government to issue a passport to its citizens. And if there's no obligation, you couldn't do anything if they refused to issue a passport to you for any reason. See p94 of this book: http://books.google.com.au/books?id=...age&q=&f=false But then again, I am not a lawyer, even if I were I am not OP's lawyer, and I have no idea whether this would occur or be relevant in practice.

And anyone offering a statement, prediction or interpretation in this thread should give an indication of what basis they made it (citation, personal experience, professional training...), otherwise you'll end up with a random and confusing collection of "man down the pub" answers. But I suspect the only way you'll get any useful info is, as you say, to consult an experienced criminal law in E&W.

As to the rest: I don't think you're Hitler for getting in a bicker at a pub but I don't see what archaic judicial systems have to do with anything. Public drunkenness = drunk & disorderly, perhaps? It's hardly a hanging offence and even combined with a first missed court date it might have been much easier to deal with sooner rather than later (I am sure this will already have occurred to you, so apologies if this sounds like me being a smartarse). It sounds like however you work it out will be more expensive/hassleful than waiting for trial would have been.

If it was in 2007, I'm surprised plod didn't give you a fixed penalty notice instead of taking you to the nick etc - was the situation a bit "heated" once they showed up? http://www.homeoffice.gov.uk/anti-so...nalty-notices/

md95065

FWIW the statement that I made was an "opinion" based on my limited understanding of the issues involved, which was why it started with the words "I don't see any reason ...".

I will guarantee that it genuinely is my opinion but offer no warranty express or implied as to its accuracy or usefulness for any purpose ...

Family_Guy

Yes you did, you made the wrong one and now have to deal with the consequences. Your reasons for doing so provide mitigation in your view but do not alter that reality.

Assuming the warrant is valid issued and current How do you know it is?)

It is unlikely that you will be arrested at POE but not impossible. The post PACE paperwork is not an attractive option for such a minor matter, resources often trump quota targets.

There are several ways way to deal with it. Clear it up, ignore it, stay in a permanent state of analysis paralysis.

You can only clear this up by way of returning to the UK. It is not going to disappear of its own accord.

The least painful is probably to find yourself a UK lawyer, go to the local nick that serves the court area where the warrant was issued from and surrender yourself to the custody officer or even go to the court itself if they have the facilities available to process you (the lawyer would know which is easiest)

A bad time to do this would be a Friday evening as the chances are the warrant is no bail. A good time might be an hour before the court opens on a Tuesday morning.

There is a reasonably good chance that there will not be sufficient paperwork around for them to pursue the matter any further. OTOH they may decide to remand you whilst they call witnesses etc. Magistrate's as a rule do not like people sticking two fingers up at the system. So who knows which way the cookie will crumble? There is only one way to find out for sure.

Good luck.

lansbury

I know the answer especially about such warrants but as I'm an uneducated dimwit you can whistle for it.

Family_Guy

Did you happen to travel the underground with a black rover by any chance?

lansbury

on very many occasions.

meauxna

I've seen you have common sense though. Are you some kind of anomaly?

CelticRover

I would be very interested in knowing the answer. Thanks

Sharron_

You don't deserve a UK passport and my sister and her husband are NOT uneducated dimwits....thank you very much.

Take responsibility for your actions, instead of blaming everyone else.

Family_Guy

Common sense just means he is not a Bramshill flyer.

chartreuse

So, you broke the law to make some money. And you've admitted it. That could get very interesting if somebody decided to have a play with PoCA.

And you were rude about it. Best of luck...

lansbury

Yep something went wrong at training school and I wasn't completely brainwashed.