Senior Member

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Ardainia:
It’s absolutely correct what ‘moondin’ has said here in one of his statements. Let me quote his statement: “an unpaid speeding ticket *can* result in a warrant.”
However, his other statement is not correct at all when he said: “yes he technically could be taken into custody at the border if his name pops up on the warrant database”. Because, first of all, there is nothing about being technical or untechnical here. If there would a warrant for his [your husband] arrest, then it will definitely show up in the INS computer at the port of entry. So we cannot say- ‘if’ or ‘technical’ kinda thing here. Only thing we can talk here- a warrant or not warrant. If no warrant then no problem, but if there is any, then he will be arrested right away at the port of entry upon his arrival.
The INS computer at port of entry is linked to Law Enforcement agencies, so if there would a warrant, then without a doubt it will pop up. Besides, if he gets arrested in another state than where such warrant is issued, then he will be staying couple of months in jail there before he will be extradited to the state where a warrant is issued. It could be 4 months to a year or more, depending upon the local laws of that particular state where he would get arrested. Since ‘not paying the fine for speeding’ or ‘passing a bad check’ is not a high profile case like murder, rape, kidnapping, robbery etc, thereby mostly State usually doesn’t pay that much attention in speeding the extradition process for an individual who gets arrested in another state. That’s why people remain much longer in jail if they get arrested in other state than where a warrant is issued.
We don’t know the real cause of issuing the warrant, if there is any. It could be for unpaid speeding ticket, or maybe for writing a bad check. However, I personally don’t think that there is any warrant for him. Why?
Because- [1] Traffic courts usually don’t issue warrant for a person who fails to pay fines for speeding, unless a repetitive demands for payment for the fine are ignored by such an individual. And since you guys have moved from your previous address, then it is high possibilities that they might be kept sending you correspondences to your previous address for him to pay the fine, and in the absence of not hearing from you anything, they might have thought that you are in contempt of court (or even not paying the fine too), which may have caused a warrant for his arrest.
[2] You said that a person from a collection agency called at your house and was looking for your husband, then it means- no warrant out there for his arrest. Because, if there is a warrant then Police would have already come to pick him up than a collector calling him. If I were you, I won’t be that much sure for all this. Because, without first speaking to this collector, you cannot say for sure that this collector is calling your husband for this outstanding payment for fine for traffic violation or something else. There might be possibility that collector is calling him for some other unpaid bill than this traffic fine. It is VERY unusual that a collection agency will come after for traffic fine, however it is possible because of the check that got bounced. I’ve seen many times if somebody gives a check to an govt. agency and if that check gets bounced then after several attempts of trying to collect the outstanding bill/fine/fee, that agency hands over the account/debt to a collection agency. So it could be either possibility unless he doesn’t owe any other bill. Regardless, bounced check should be taking care of first.
You should also know that passing a bad check is a crime and falls under felony. As well, it is a deportable crime also. That said, if he ever gets convicted for this crime [or any crime that falls under aggravated felony] then he would be deported without a doubt, since there is no relief available for LPRs who get convicted of ‘aggravated felony’. As well, he will be barred for LIFETIME to come to USA. I assume he is a LPR, unless he is a USC.
He should have paid the fine for speeding ticket right then after knowing that his check got bounced. Instead, it’s seemed that he went ahead in ignoring this matter when you guys moved to other place without notifying to court or without taking care of bounced check first. I mean- he should not play the Russian roulette with the law after becoming LPR. Just because he had no problem before when he reentered USA, doesn’t mean that he won’t have problem now. Sometimes, some cases take time to go further or prosecute. I’ve seen people get prosecuted after 5 yrs of writing bad checks. They thought nobody can do nothing since matter is old. No one will be able to save your husband, even USC-spouse or USC-children if he would get convicted being a LPR. That’s why LPRs should keep this in mind. Now, you should talk to this collector first, and then if it will seem that collector asking money for this outstanding fine for speeding, then you should send the fine thru money order or cashier check right away on behalf of your husband. If I were you, I will use next day service, like Federal express to mail the fine to them if this collection agency will not accept credit card payment. However, I am more than sure that collection agency will most definitely love to take the payment thru credit card, because they do all the times. This time you are not dealing with traffic court or any State agency, because most of them don’t accept credit card for any kind of payment. So, go ahead and pay the fine first.
At last, you cannot go to the cop to find out whether or not there is a warrant. Cops don’t work for shopping malls or grocery stores so that general public can inquire about whether certain item is available or not. Why should they even tell you this? They are allowed to share this information only with other law enforcement agencies, or for the use of some official business than sharing with general public/citizen, unless you personally know the cop. However, some criminal attorneys may be able to find this out for you since they know certain ways, like sometimes they know someone inside the law enforcement agencies. However, I can find this out for you within a minute if you want. Take care.
ps: Please disregard my post since I wrote it a while ago, but you cleared something already.
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