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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 10580
Experience:  Solicitor
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My son has been charged with a felony in the USA. He has

Customer Question

My son has been charged with a felony in the USA. He has been offered a plea bargain by the prosecution - 3 years probation or 18 months jail time to be served in Florida. After several case conferences, where the judge has even questioned the prosecutor's insistence that my son return, his attorney and an immigration attorney who he has consulted have strongly advised that he should not return. If he is permitted to reenter the States he will be in violation of his visa and could be detained in a detention centre for possibly up to 5 years (no one knows for certain) before being removed to the airport where he could be arrested for not showing up for his hearing and be sent to prison for a mandatory 5 years. On release he would be detained again for violating his visa and sent back to the detention centre for who know how long?? before being deported. If in the unlikely event he were to make it to court for his hearing to accept the probation, once the gavel went down he would be detained by immigration for visa violations, who would be waiting for him to leave the court and sent to the detention centre for an undetermined amount of time. On being taking to the airport to be deported he would be arrested for non compliance with and breech of his probation and would be transported to prison to serve a mandatory 5 year jail term. Then the cycle would continue as the State and Federal government are not interested in communicating their needs.
My question is then, as a UK citizen how will an arrest warrant issued in the US affect him in this country? Will his name be held on the UK police crime data base? If so, if he were arrested for an offence or even stopped by the police in the UK would he be flagged up as a fugitive, detained and possibly be deported to the US? Will he be able to travel outside of the UK? Obviously he wouldn't be able to travel to the States, but would he be detained when attempting to enter other countries? Are there other issues that he could be facing in the UK connected with this?
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 10 months ago.

It won’t affect him at all in the Uk. It is a conviction in the USA. So unless he is required to declare it for work, no one will know.

There is no information sharing on convictions between the USA and Uk.

So he won’t be flagged as a fugitive. It also won’t affect his travel outside the uk

Clearly he may face difficulty going back to the USA!

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.