Legal Question in Criminal Law in Virginia
My son was charged with a break and entry felony 10 years ago, but never went to trial, because he left the country before he was due in court. (There was a warrant issued for his detention after that.) He was 19 years old back then, and had a green card that later on expired. If he gets a tourist visa, does he in risk of being detained at customs? In other words, is there any way to find out if there is still an outstanding warrant against him, or would his case still be open? He used to live with me, and I stopped receiving correspondence for him shortly after he left.
3 Answers from Attorneys
Your best bet is to call the Warrant Desk for the jurisdiction in which he was charged. They ought to be able to tell you whether there is an active warrant for him or not. My strong guess is that the warrant is still active, especially if there was a Felony Failure To Appear warrant issued as a result of his non-appearance in court.
I would say it is more likely than not that he will be detained upon entry and then transported and held in custody until trial.
The warrant should still be outstanding. There is no statute of limitations on felonies. Your son may not be in custom's database, but if he is stopped by police in Va for any offense, including a traffic offense, and the police check his record for outstanding warrants, he is subject to arrest.
The warrant is probably still out there and in state and federal data base.
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