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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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Joshua, Last week I received an official police caution

Resolved Question:

Hi Joshua, Last week I received an official police caution for possession of <1g cocaine. I am really worried that I won't be able to enter the US for a holiday or to ever work. I was told it would disappear after 5 years but now, after some research, I find out it stays on for 100 years. I wish I had contested the matter now because I also heard that once they have decided to give a caution they cannot escalate to a worse form of punishment, is that also correct? Any help would be appreciated.ThanksJames
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, I'm afraid that is wrong. They can make an offer of a caution and then charge for lots of reasons. One reason is when the suspect disputes the offence.
If you have accepted a caution then I'm afraid there is no appeal from that. The only means of challenge is to judicially review the decision to offer a caution which would cost thousands and has no real basis here I'm afraid.
Im very sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi Jo

Thanks for your reply. I understand, so I'm basically up the proverbial river without a paddle. Guess I've just got to go with what I've got.

Yes if you wouldn't mind, I have a question about travel. I have lots of family in the states, as this is a caution and not a conviction, does this mean that I'm still eligible for the ESTA visa waiver or does the fact that it is to do with cocaine mean that I am ineligible? I have similar concerns with Australia and Japan.

Thanks again

Kind regards

James

Expert:  Jo C. replied 1 year ago.
I don't do migration or visas but I think that it means you cannot self certify but would need to Pply in person and explain the incident. That is certainly the case with convictions. They are not often refused.
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