who knows their US customs law and policies

[dshaw4096]

So suppose you have an outstanding warrant for Florida for say an outstanding DUI.

If you fly from Toronto to New York and customs is on our side - what are they going to do?

a) Bar you from entering the states
b) Let you and inform authorities when you land
c) Let you go through

if a) then how would they ever get you to the states to deal with your warrant?

 

[Aardvark154]

Should I be sarcastic and say ask Danmand, he believes there are too many lawyers wasting everyone's time on TERB.

 

[freestuff]

Should I be sarcastic and say ask Danmand, he believes there are too many lawyers wasting everyone's time on TERB.

Good ole lawyer talk - say something that means something else. LOL.
OP, before you fly out of Pearson, don't you have to go through US immigration and customs (at Pearson)?

 

[John Henry]

So suppose you have an outstanding warrant for Florida for say an outstanding DUI.

If you fly from Toronto to New York and customs is on our side - what are they going to do?

a) Bar you from entering the states
b) Let you and inform authorities when you land
c) Let you go through

if a) then how would they ever get you to the states to deal with your warrant?

Why not just call them and ask them ? Either way your done . Outstanding warrant , you flew the coop .

I wouldn't want to be in your position . Don't waste time and money in buying airline tickets or hotel reservations . You probably won't get to use them .

Once you try to clear US Customs at the airport your on US soil . Correct me if I'm wrong here . They can arrest you and not let you turn around to go back into Canada . Just like at any car border crossing .

 

[fuji]

Quite honestly, if you have an outstanding warrant, that is a bigger problem than trying to figure out your trip to NY.

Hire a lawyer in the US and have them approach the prosecution, see if you can negotiate a plea deal, and get the warrant/DUI issue resolved.

 

[oldjones]

One thing I know, is that Customs laws are about stuff crossing the border and you're asking about people crossing. That'd be Immigration law. One way to stay on the right side of any law is to get the details right. My advice: Best get a professional to do that for you.

Good luck.

 

[red]

So suppose you have an outstanding warrant for Florida for say an outstanding DUI.

If you fly from Toronto to New York and customs is on our side - what are they going to do?

a) Bar you from entering the states
b) Let you and inform authorities when you land
c) Let you go through

if a) then how would they ever get you to the states to deal with your warrant?

when you get to the airport in toronto you will be arrested by US customs.

 

[Aardvark154]

What no answer from Danmand? Here I thought he was so concerned about time management by lawyers that he'd certainly have answered this question by now.



+ + + + + +

If the op flies out of Peason, he is actually lucky due to the USCBP preclearance there. The Agents there actually have all three choices under the USCBP manual. They can refuse you entry to the U.S., or they can tell you that you have a warrant and will be arrested in the U.S. but you do not have to board the aircraft, or they can just plain let you get on the aircraft and you will be arrested upon arrival.

The more important issue is actually what has the court issuing the Arrest Warrant in Florida decided to do: is it a Warrant limited to Florida, is it a Warrant for which Florida will extradite but only from neighboring states, is is a U.S. Nationwide Warrant where Florida will extradite from anywhere in the U.S., or is it an International Warrant (highly unlikely for a DUI/OUI/DWI) where the U.S.A. (Florida) will extradite from wherever you are found.

Fuji gives you good practical advice above, contact a lawyer in Florida who specializes in the defence of intoxicated driving charges - and see if he can work out a deal with the State Attorney's Office.

Unless there an International Warrant for your arrest, they are not going to arrest you in Canada.

 

[Mister K]

I'm with oldjones and fuji here. Contact a lawyer and see what the situation is. I would not chance a crossing with this kind of thing, whether through Pearson or any other crossing.

There was a case about 2 years ago where a charter flight from Cuba was enroute to Winnipeg. There was a problem (weather, technical difficulties - I don't remember the details) and the aircraft was forced to divert to Minneapolis/St. Paul. Passengers were deplaned from the aircraft and routed through US Customs. One of the passengers, a Canadian, had an outstanding warrant for his arrest, and this was determined at US Immigration. He was arrested and held pending return to the jurisdiction. The passenger never figured he was going to have a problem, since his trip was a direct charter from Winnipeg-Havana and then Havana-Winnipeg without stopping in the US.

The same kind of thing can happen to anyone flying south to the Caribbean, Dominican Republic, Cuba, Mexico etc. Just because it is a "direct" flight does not mean the the aircraft might not have to land due to an emergency or weather problems in the US.

 

[msog87]

So suppose you have an outstanding warrant for Florida for say an outstanding DUI.

If you fly from Toronto to New York and customs is on our side - what are they going to do?

a) Bar you from entering the states
b) Let you and inform authorities when you land
c) Let you go through

if a) then how would they ever get you to the states to deal with your warrant?

well, if the warrant was serious you'd have the canadian police looking for you here to ship you to florida. when you go through customs at pearson the u.s. authorities will find out about your warrant however they do not have the power to arrest you. If the warrant is for say a minor theft u.s. customs a) may not know about it or b) may not give a shit. You will just face arrest should you go to the county in florida where the warrant was issued. they may also let you through then notify authorities in new york of your arrival and youll be arrested when you leave the plane.

http://en.wikipedia.org/wiki/United_States_border_preclearance

 

[oldjones]

…edit…
Fuji gives you good practical advice above, contact a lawyer in Florida who specializes in the defence of intoxicated driving charges - and see if he can work out a deal with the State Attorney's Office.

Unless there an International Warrant for your arrest, they are not going to arrest you in Canada.

The Mayor should have some practical tips and maybe some phone-numbers as his lawyer got him a no-contest deal on his Florida DUI, (and got the pot charges dropped) He claims it's his job to answer every constituent's phone call, so don't be shy.

 

[richaceg]

Outstanding warrant will be in every border's books (thanks to technology). Any entry you make anywhere you will be detained until they call the authority. warrants should be dealt with immediately. even non-lawyers know this.

 

[Aardvark154]

if a) then how would they ever get you to the states to deal with your warrant?

Didn't answer this part of your question earlier.

Simple answer: the fact that you can't or choose not to enter the U.S. may be enough.

I apologize for the length of this story: This doesn't apply as much to those who have visa free entry, such as Canadians or Britons, but for those who need to have visas. . . .

A true story the names have been changed to protect the guilty: Boris Badenoff comes to the U.S. as a Summer Student Worker, he knows a nasty trick involving ATM machines, On his final day in the U.S. Boris exercises his nefarious knowledge and steals several thousand dollars from Not so Big Bank.

Does the District Attorney's Office want to spend several thousand dollars flying two police constables to Rumania and then flying them and Boris back to the U.S. for trial plus the cost of the trial or might it be just as well that Boris has a nationwide Arrest Warrant and therefore will be permanently ineligible for a U.S. Visa?

Further, think that the Canadian Consulate in Transylvania will know that the U.S. has him on their do not pass go list, and put him on their own "no Visa for you" list?

 

[fuji]

well, if the warrant was serious you'd have the canadian police looking for you here to ship you to florida. when you go through customs at pearson the u.s. authorities will find out about your warrant however they do not have the power to arrest you.

None if this is necessarily true. US states are notoriously bad at sharing information and maybe have not even alerted the border service about the warrant. The border people MAY find it if they do a search. They may then have Canadian police arrest you and begin extradition proceedings.

Even if they don't, if the border guys find it they will copy it into their system and flag your file so it will come up every time , even after resolved.

So... Don't do it. Resolve the issue before border ever gets wind of it.

 

[Aardvark154]

None if this is necessarily true. US states are notoriously bad at sharing information and maybe have not even alerted the border service about the warrant.

See the third (second after the break) paragraph of #8 (all save point one [domestically three and four would be the same] are on NCIC which is the U.S. equivalent of CPIC) and yes USCBP has access to NCIC and CPIC and routinely check them .

Again, your over all point - talk with a Lawyer in Florida specializing in this and have it resolved is good advice.