Legal Question in Criminal Law in California

Priot to indictment

If prior to federal indictment i move outside the usa where the feds to not have jurisdiction and i am then indicted but to not return...What happens?

One lawyer said they have 7 years then the indictment goes by the wayside...I just can't come back to the states.

Thanks


Asked on 5/05/05, 8:31 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Priot to indictment

A federal fugitive warrant will be issued, resulting in arrest upon any contact with police, customs, etc. If they really want you, the warrant would be put out for foreign enforcement, arrest and transport back to the US.

You've got yourself some trouble whereever you go.

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Answered on 5/05/05, 9:11 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Priot to indictment

Most countries have extradition treaties with the U.S. under which criminals wanted here can be arrested there and then sent back to stand trial. There are some countries without such treaties, but chances are you won't want to live in any of them.

The State Department routinely tells foreign governments which American fugitives are believed to be living abroad. When the feds figure out where a fugitive is hiding, they often work together with local authorities to arrest him and bring him back.

Doing this takes resources, and the more serious your crime the more resources will be devoted to finding you. The feds won't actively search the world for most fugitives, but they *will* notify authorities everywhere to be on the lookout for you, and they *will* circulate any new information they obtain globally. Even if there is no new information, the State Department will periodically remind foreign governments who is out there and of crimes they have been charged. If you are found by the authorities in your new country, they will notify the U.S. government and you will be extradicted to stand trial unless the prosecutors decide not to bother, which doesn't happen very often at the federal level.

If you ever -- and I really mean *ever* -- visit the U.S., you will likely be arrested by customs agents and turned over to the authorities where your indictment was issued.

As far as I know, the seven-year story you have been told is nonsense. Fugitives from justice don't cease to be fugitives merely because a lot of time has passed, and there is no good reason to apply the same time limit to all crimes regardless of how serious they are. As long as the indictment itself was filed before the limitations period expired, you will remain a fugitive until you surrender, are captured or die.

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Answered on 5/05/05, 10:29 pm


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