Advice on American incident

LegacyUser

Im not sure if this is the right forum please move to a different forum if you think its appropriate.

Basically I was in the USA this summer and had a run in with a policeman when I was over there. It was a very minor incident (and wasn't my fault, though I know everybody says that!). Anyway I ended up getting a ticket which told me I was getting a fine and had the choice of paying it or going to court.

So here is where the problem happened! I ended up going home before the letter arrived at my apartment in the USA and have no way of contacting the landlord. I would have gladly just paid the fine just to get rid of the problem but have no way of doing it. When I was given the ticket the cop took my details from my passport but he took my name down (slightly) incorrectly and did NOT take down my passport number. Since I didnt pay a fine or show up for a court date im well aware that this could affect my chances of getting back into the US.

Basically my questions are, Is there any way of finding out if this has gone against my record (there is a chance it hasnt since the cop took my details badly) without turning up at customs after a flight and being told Im not allowed in and any advice on how to go about fixing the record if I do have one or am I basically screwed once a mark goes on my record. Also any other advice/ recommendations appreciated.

spideog7

Unless you're smuggling fruit you should have no problem with customs.
Immigration officers on the other hand.... :rolleyes:

White_Feather

maybe if you rang the US Embassy in ballsbridge, they might be able to shed some light for you!

Tuesday_Girl

The policeman should have given you a copy of the ticket when he wrote it out and that contains details of the incident, court house, number to call to pay the fine, etc.

Had the same thing once and I paid the fine to avoid any potential issues in the future, that was the end of it and I've been back several times since.

LegacyUser

The ticket went missing due to the rush home and moving and all the rest of it which wasn't exactly handy. Id also prefer not to ring the embassy if I could avoid it. How do I ask questions specifically related to me without actually getting myself in trouble. I dunno maybe im thinking too much

metrovelvet

I don't think a msidemeanor will threaten your chances of getting back into the US. I think it has to be a crime or a felony and it doesn't sound like it was. But since you didn't show up for court they will count that as contempt of court and they take that pretty seriously, but am not certain if it is a felony, it might very well be.

I would contact the municipal court you were supposed to show up in and check with them. Or you could pay a paralegal to do a lexus/nexis or westlaw search on you and see if anything shows up. Go onto the legal forum of craigslist.org for the state/city in which you were living and ask on those boards to see if they know.

Overheal

metrovelvet wrote: »

I don't think a msidemeanor will threaten your chances of getting back into the US. I think it has to be a crime or a felony and it doesn't sound like it was.

Sounds right.

But since you didn't show up for court they will count that as contempt of court and they take that pretty seriously, but am not certain if it is a felony, it might very well be.

No, not showing up to court to appeal a misdemeanor is not considered contempt afaik. The court date is set as a convenience to the defendant. Like most traffic courts just showing up in some nice threads to display remorse will often win you a lower fine with the judge advocate. But its a not a requirement - if you're not there the only thing assumed is that you do not wish to contest the ticket. No contempt charges apply.

An outstanding fine might stick out on your passport information later - that, I just don't know. It couldn't hurt to follow up on it. I still doubt it would bar you from entry in and of itself.

MysticalSoul

As far as I know, by not turning up for Court, a warrant may have been issued for your arrest, so as soon as you arrive in the US, there is a high likelihood of you being arrested. Being in contempt is taken seriously...

asdasd

since he did not take down the passport number there can hardly be an issue here. And a bench warrant for traffic court hardly goes to federal level. I believe that Jeremey Clarkson has admitted to a few tickets in the US unpaid. Quite a few people may have them.

However, if worried, the thing to do is try and go to the US via Shannon, or Dublin. Try immigration there. You dont go though immigration again in the US. If there is something wrong you walk away. Free at last.

It might be worth trying to go to Boston ( say) from Dublin to see if you are flagged. If so, then you will need to sort it out. If not, no issue.

metrovelvet

irishamethyst wrote: »

As far as I know, by not turning up for Court, a warrant may have been issued for your arrest, so as soon as you arrive in the US, there is a high likelihood of you being arrested. Being in contempt is taken seriously...

No because there has to be evidenced that he actually received the summons. However, the DA could argue that it was up to him to notify of any change of address and since he didn't it could be seen as looking like he was avoiding it.

Im talkking worst case scenario and highly unlikely. I have avoided 2 jury selections that I did not show up for and legally there could be a warrant out for my arrest upon arrival at JFK but they have much much bigger fish to fry.

Gyalist

Someone I know quite well was twice charged in the US during her J-1 summer and was sentenced to do community service but came back to Ireland instead. Her current job requires her to travel to the US regularly and she has never had a problem entering.

Edit: the first charge stemmed from a group of Irish students singing loudly (drunkenly) on a late-night bus and the second was after persistent complaints from the neighbours about the late-night parties in their apartment.

Overheal

irishamethyst wrote: »

As far as I know, by not turning up for Court, a warrant may have been issued for your arrest, so as soon as you arrive in the US, there is a high likelihood of you being arrested. Being in contempt is taken seriously...

Those regulations really dont apply to tickets and/or misdemeanors as far as I know. Can't remember the last time my brother or sister actually went to their court date to fight a speeding ticket for example.

Screw it, I'm gonna go ask on yahoo http://answers.yahoo.com/question/index?qid=20081022072831AArbYEW

We had a speeding ticket recently in the states.
I asked an INS officer at Shannon on return what to do.
He said pay it with your credit card online or by ringing the fines section of the area you got it in.

He said if it goes to court and it will,it would show up on his system and could be a problem.

It is not correct that you have no way of knowing how to pay the fine.
Just ring the sherrifs department local to the area that you got the ticket and ask them to look it up for you and then ask how you can pay it from over here.
Then pay it.

Done-no more worry

Sleepy

Or you could just apply for a holiday visa and see if you're issued it?

asdasd

He said if it goes to court and it will,it would show up on his system and could be a problem.

Legalistic answer. he cant say as an officer of the US, ignore it.

Look there are people in Boston with bench warrents in Nevada. They moved, missed a fine etc. Read somewhere there are 3 million outstanding bench warrants ( mostly unpaid fines).

When caught by the police in Boston they are not shipped to Nevada. These records are local. The police have criminals to catch. I doubt if the databsase goes federal.

Ste.phen

asdasd wrote: »

Legalistic answer. he cant say as an officer of the US, ignore it.

Look there are people in Boston with bench warrents in Nevada. They moved, missed a fine etc. Read somewhere there are 3 million outstanding bench warrants ( mostly unpaid fines).

When caught by the police in Boston they are not shipped to Nevada. These records are local. The police have criminals to catch. I doubt if the databsase goes federal.

The DHS system would probably flag a visa application by a non US citizen with a criminal record in the US, regardless of how serious (or not) it is.
Either that or it's a useless system...

asdasd

The DHS system would probably flag a visa application by a non US citizen with a criminal record in the US, regardless of how serious (or not) it is.

Well clearly not as one poster previously pointed out his friend went back with an outstanding community service charge.

A criminal record is not the same as an outstanding fine, or failure to appear. They probably dont bother with these things unless the original crime was itself a misdeamor. A minor traffic problem is an infraction. You can never be jailed for it. Otherwise the system becomes swamped - returning US holiday makers may have outstanding infractions, and are never known to be stopped. People would not travel.

In any case this guys details - his passport number - was not taken down. Unless they matched him up to his passport someother way ( via his visa, or social security number if he had one) then they cant possibly associate John Smith from Ireland with the 100,000 John Smitchs with infractions and outstanding fines across the US.

Still he should call the embassy.

metrovelvet

Overheal is right. Read his response.

you can't have a criminal record without being CONVICTED of A CRIME. This sounds like a MISDEMEANOR.

The cop did not take down his passport number, how else would they idenitfy him?

Pay the fine online.

marzic

OP, ring the embassy! tell them your name and the circumstances of the incident. if you try to ask specific questions without giving your name, they will be unlikely to assist you. i'm sure if you were going to end up in court, or with charges, the cop would have indicated this.

LegacyUser

People seem to be assuming it was a traffic violation, it wasnt. I might as well say what happened in case it makes any difference. Basically I was on a tram at night and one of my friends was on the platform buying her ticket. As she was walking towards the tram the doors started closing. I put out my hand and like all automatic doors it stopped closing and reopened so she could make it on. I was then pulled off the train by my belt and given a ticket for "interfering with the train service". I tried to explain that we were new in town and the girl hadnt a clue where she was going so I couldnt just leave her on the platform in the middle of the night. He was having none of it though!

ladyA

I wouldn't worry based on the fact that he did not take your passport number or record your name correctly.

I wouldn't ring the embassy - they will probably ask you for your passport number and full details - these are things that you don't want them to have and no doubt they will record the information somewhere or another!
I was in America this summer and the police seem to throw these fines at everyone for the pettiest things. I do know one lad who was handcuffed and given a date for court appearance for shouting and the police man claimied he verbally abused him and he just dismissed it. I'm sure there are hundreds of J-1 students who do this, don't worry!

PixelTrawler

I'm far from a lawyer but you mentioned the name was taken down wrong. Surely it would be thrown out of court...

So all he has is an address in the US, no passport number and the name is wrong...

Doesnt sound like you need to panic. You might even have trouble tracking it down since the name will be wrong on the records.

asdasd

People seem to be assuming it was a traffic violation, it wasnt....a ticket for "interfering with the train service".

Thats an infraction same as a minor traffic violation, so same rules apply.

lady_j

Unless someone here happens to work for immigration in the US, then nobody here can answer this for you. Ring the embassy or take the risk that you may be turned away once you reach the US. Your choice.

craichoe

Santa Maria people, If its something minor, like in this case theres no point in Querying INS or the Embassy, its more likely they will flag your passport for querying it in the first place.

Even in Europe, there isn't any magical central database that stores a list of offences etc. In the US dfferent states are not on one big database. If the officer didnt take your passport number then theres no way of tracking you down, even with a passport number its still difficult.

Also, with regard to court etc .. you have to be served with a summons, its not just sent out in the post.

People in the US do it all the time when they move states, have outstanding violations etc.

davyjose

You're fine OP, ESPECIALLY if he does not have your passport number. I wouldn't worry too much.
A mate of mine was areested for being drunk and disorderly over there and given community service. He was let back in a year later. Granted this was pre-9/11, but still. Similar to Gyalist's friend.

davyjose

irishamethyst wrote: »

As far as I know, by not turning up for Court, a warrant may have been issued for your arrest, so as soon as you arrive in the US, there is a high likelihood of you being arrested. Being in contempt is taken seriously...

A warrant for who? A guy with a different address to the OP's current one, no passport number and possibly a different name too?

US immigration is fairly strict, but at the end of the day, they give you a ten second interview at Dublin Airport and you're away. As for Visa applications, they have millions a year to get through, I doubt they're going to notice given that NONE of the details the Cop took currently match his current ones...... And that's if they even cared as much as some people think they might.

tallaghtoutlaws

OP just after reading this. A friend of mine is a police officer in Wisconsin and his dad is the WI is the washington county sheriff in WI also. I called him last night and he said the following:

- The police regardless how much details they take if bothered can check immigration records from this country to get your details and put a warrant for your arrest on re-entry.

- The chances are very low as it will be now down to the court system if they are willing to follow up on you.

- 50% of time unless its a major crime rahter than petty yes they will follow up but traffic violations and misdemeanours are written off as it is a whole waste of energy to follow up on with foreignors.

- He did say though if you ever re-enter it might not be immigration who catches you though but a Cop or state trooper in the state you broke the law in i.e if you get pulled over for a traffic violation or some other misdemeanours.

Cut a long story short if the cops and court system decide to follow up on your name with immigration you could get caught on re-entry and sent straight to court or sent home but its 50/50 chance.

Korvanica

cop has incorrect info since he took your name down wrong, so youre grand.

My bro got off scott free from a ticket once as the guard took his number plate down wrong, even though he was speeding, had no tax i think or somet like that...

tallaghtoutlaws

Korvanica wrote: »

cop has incorrect info since he took your name down wrong, so youre grand.

My bro got off scott free from a ticket once as the guard took his number plate down wrong, even though he was speeding, had no tax i think or somet like that...

The Gardai and American Cops are part of two different legal systems why do people keep referring to the Guards when using examples. A wrongly spelt name will not keep you out of an american court. Asked my buddy that question and he just laughed many a time he said he took down the name incorrectly and still got a prosecution.

asdasd

The Gardai and American Cops are part of two different legal systems why do people keep referring to the Guards when using examples..

That would be force of habit.

Asked my buddy that question and he just laughed many a time he said he took down the name incorrectly and still got a prosecution.

it would depend on other details being correct. What do they have on the OP?

tallaghtoutlaws

asdasd wrote: »

it would depend on other details being correct. What do they have on the OP?

Thats true when I said to my budy he said if its the case of a mispelt name by say 1 or 2 letters he can still be prosecuted as human error can be allowed for in the US justice system to an extent i.e spelling mistakes by cops but say his name was tom jones and the cop spelt it tom jonas but other details like date of birth and nationality are correct there can be a prosecution and OP did you rent that apartment and what proof did you give him for ID as dont forget the cop had your US address. I would say forget it if all the cop took was your name spelt wrong and nationality but if he has more than that and he could be bothered or the courts they could follow through.

LegacyUser

tallaghtoutlaws wrote: »

Thats true when I said to my budy he said if its the case of a mispelt name by say 1 or 2 letters he can still be prosecuted as human error can be allowed for in the US justice system to an extent i.e spelling mistakes by cops but say his name was tom jones and the cop spelt it tom jonas but other details like date of birth and nationality are correct there can be a prosecution and OP did you rent that apartment and what proof did you give him for ID as dont forget the cop had your US address. I would say forget it if all the cop took was your name spelt wrong and nationality but if he has more than that and he could be bothered or the courts they could follow through.

OP just after reading this. A friend of mine is a police officer in Wisconsin and his dad is the WI is the washington county sheriff in WI also. I called him last night and he said the following:

- The police regardless how much details they take if bothered can check immigration records from this country to get your details and put a warrant for your arrest on re-entry.

- The chances are very low as it will be now down to the court system if they are willing to follow up on you.

- 50% of time unless its a major crime rahter than petty yes they will follow up but traffic violations and misdemeanours are written off as it is a whole waste of energy to follow up on with foreignors.

- He did say though if you ever re-enter it might not be immigration who catches you though but a Cop or state trooper in the state you broke the law in i.e if you get pulled over for a traffic violation or some other misdemeanours.

Cut a long story short if the cops and court system decide to follow up on your name with immigration you could get caught on re-entry and sent straight to court or sent home but its 50/50 chance.

tallaghtoutlaws thanks for all your help. So am I right in saying that first the cop has to decide to follow it up, followed by the court having to decide if they want to follow it up and they probably wouldnt because it was only a misdemeanor and im foreign.

I think I may leave it if thats the system. I dont see some guy in the office deciding to fill out paperwork for something minor to be followed up (I hope). Though the next trip I take to the US will be a weekend in NY of something that I can book on the cheap. And I will go through Cork or Shannon where I can do immigration in Ireland so I dont have to fly over and get turned away.

The name they have for me is only slightly changed. Basically in the first name box they have my first name and in the last name box they have "Dublin" HOWEVER my surname was put into the middle name column. This might be because of the format of the passport ("surname" is written just above Dublin) or of coarse it might be because he wanted to take down the city of issuance somewhere. As I said its a slight error (though it might not be!)

tbh

if all he has is your name, and didn't see any other forms of ID, there's no problem. Quite simply, they have no way of knowing that there is a fine out for you. If you gave him the address you were staying at, and you used that address in some sort of form - like say a visa application, that also contained your correct name and passport number, there's a chance he could have noticed your fine wasn't paid, and then he could have gone to your address and discovered you'd gone to Ireland and then he could have searched through the system (assuming he was allowed and you'd filled something out with your name and passport number) and then he could search through all the names and find the one that sounds most like the one he wrote down, and then he could alert the INS to block that passport because of your unpaid tram fine.

but you know, he probably won't do any of that stuff.

tallaghtoutlaws

tbh wrote: »

but you know, he probably won't do any of that stuff.

True lets hope the OP doesn't get that one ahole that loves his job sooo much he goes and does all the paperwork and follows it up because he is juts that sad to do it

davyjose

tallaghtoutlaws wrote: »

True lets hope the OP doesn't get that one ahole that loves his job sooo much he goes and does all the paperwork and follows it up because he is juts that sad to do it

Even then his chances of being nabbed are slim. It's hardly as if every guy with a similar name to the OP are getting red-lighted every time they step through immigration - over the misdemeaneriest misdemeaner ever. Jesus, If it were as common as my name, they'd be stopping ten guys a day. So I really can't see how the connection would be made on the way through.
Yeah it's possible if he got caught being a bold boy a second time over there, he'd be found out, but I'm sure he's learned his lesson

Edit: OP, you HAVE to give us an update next time you go to the US