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Anonymous #156

Re: Ask an attorney [Re: vandago]
    #25191496 - 05/08/18 12:43 PM (5 years, 10 months ago)

If a non-U.S. citizen breaks USA laws, and they are indicted in a USA court, can the indictment remain sealed indefinitely until they catch the person in their home country and then extradite?

Will the statute of limitations not set in if this is the case?

Does the statute of limitations in USA differ depending on the crime?

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InvisiblebodhisattaMDiscordReddit
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Re: Ask an attorney [Re: Anonymous #156]
    #25191708 - 05/08/18 02:59 PM (5 years, 10 months ago)

No expert here but I've known two illegals who got caught selling drugs. They were put into jail here then when their sentence is done they get sent to mexico and do jail there as well.

If you flee to your home country if the crime is serious enough there will be cooperation between the two nations

Most serious crimes have no statute of limitations
Quote:


For indictable (serious) offences such as major theft, murder, kidnapping or sexual assault, a defendant may be charged at any future date; in some cases, warrants have remained outstanding for more than 20 years





I might be mistaken but I do believe that in any case they could file a civil suit if they can't get the criminal one for whatever reason.
(If I'm wrong I would like to know)

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Anonymous #156

Re: Ask an attorney [Re: bodhisatta]
    #25197785 - 05/11/18 02:51 PM (5 years, 10 months ago)

In the scenario I'm asking about, the person is not within the USA. USA laws were broken, but done so from outside US borders. The country where the person resides, however, has an extradition treaty with USA. Not sure if this changes anything from the scenario you proposed.

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InvisiblebodhisattaMDiscordReddit
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Re: Ask an attorney [Re: Anonymous #156]
    #25197794 - 05/11/18 02:58 PM (5 years, 10 months ago)

Interesting I wana know the answer too. Say you're a American citizen. You travel to Germany and fuck a prostitute then travel to the Netherlands and eat some magic truffels. Does this make you a criminal back home even if its a-ok in the countries you did stuff in?

Or was the law broke abroad a USA and foreign law?

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OfflineMarshwood_Bear
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Re: Ask an attorney [Re: bodhisatta]
    #25197894 - 05/11/18 03:57 PM (5 years, 10 months ago)

My understanding is that you are only held accountable for the laws of the country that you are currently in. So the USA couldn't argue a case that you broke their laws while in another country unless you somehow bring it home with you. IE: Drugs, Trafficking, Theft, etc.

Now if you are charged in another country for a crime, as you have stated extradition can occur. But if you aren't charged in another country, you will find it hard for the USA to charge you for something you did outside of it's borders unless it somehow implicitly affects the country itself or another American.

Edit: There are some exceptions, such as if you are running a Trafficking ring in another country but are using the money and living back in the states. The USA can definitely charge you if they build the case. So at the end of the day, make sure the wrongdoing doesn't result in foreign charges, cannot be physically tied to you, and doesn't affect another citizen of your country. At least that is my understanding- Not a lawyer.

Edited by Marshwood_Bear (05/11/18 04:05 PM)

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Anonymous #154

Re: Ask an attorney [Re: Marshwood_Bear]
    #25198018 - 05/11/18 05:09 PM (5 years, 10 months ago)

What about internet crimes. Say someone is living in germany and they take a US based website off line. What is the extradition treaty there

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Anonymous #156

Re: Ask an attorney [Re: Marshwood_Bear]
    #25198182 - 05/11/18 06:37 PM (5 years, 10 months ago)

Quote:

Marshwood_Bear said:
My understanding is that you are only held accountable for the laws of the country that you are currently in. So the USA couldn't argue a case that you broke their laws while in another country unless you somehow bring it home with you. IE: Drugs, Trafficking, Theft, etc.

Now if you are charged in another country for a crime, as you have stated extradition can occur. But if you aren't charged in another country, you will find it hard for the USA to charge you for something you did outside of it's borders unless it somehow implicitly affects the country itself or another American.

Edit: There are some exceptions, such as if you are running a Trafficking ring in another country but are using the money and living back in the states. The USA can definitely charge you if they build the case. So at the end of the day, make sure the wrongdoing doesn't result in foreign charges, cannot be physically tied to you, and doesn't affect another citizen of your country. At least that is my understanding- Not a lawyer.





I probably should have clarified more, I'm definitely aware that the USA can't go around picking up everyone everywhere for any law they break

The crimes in specific would involve breaking US laws from within the USA, it would be considered as if they were broken on US soil, per say.

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OfflineMarshwood_Bear
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Re: Ask an attorney [Re: Anonymous #156]
    #25198494 - 05/11/18 09:13 PM (5 years, 10 months ago)

Quote:

Anonymous #154 said:
What about internet crimes. Say someone is living in germany and they take a US based website off line. What is the extradition treaty there




That depends entirely on how much evidence is left behind by said "hacker", if someone is planning on doing something like that, they should definitely know how to obscure their tracks before doing so. As for extradition, Germany and the USA are allies who regularly cooperate with each other legally. But I would say as long as they aren't targeting major assets or US government sites, the USA wouldn't try to extradite them, usually not worth the hassle- They would probably refer any evidence to the proper authorities in Germany, however, and I wouldn't be surprised if local PD started looking into things.


Quote:

Anonymous #156 said:
I probably should have clarified more, I'm definitely aware that the USA can't go around picking up everyone everywhere for any law they break

The crimes in specific would involve breaking US laws from within the USA, it would be considered as if they were broken on US soil, per say.




I might not be understanding everything, but if the person has already been charged by a US court and their country has an extradition treaty with the USA- The process could be pursued.

But Yes; If a non-citizen breaks US law either within the US or against a US company or citizen whilst being outside the country, charges can be pursued if a proper case can be made.

Edited by Marshwood_Bear (05/11/18 09:15 PM)

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Anonymous #65

Re: Ask an attorney [Re: Anonymous #156]
    #25199445 - 05/12/18 12:38 PM (5 years, 10 months ago)

Quote:

Anonymous #156 said:
If a non-U.S. citizen breaks USA laws, and they are indicted in a USA court, can the indictment remain sealed indefinitely until they catch the person in their home country and then extradite?

Will the statute of limitations not set in if this is the case?

Does the statute of limitations in USA differ depending on the crime?




Sorry other people are not getting the real gist of your question. Disclaimer: I am not a lawyer, wait for Enlil for a better answer.

Statute of limitations vary depending on the offense charged and who is prosecuting you (Federales v. State). You can look up the statute of limitations for the offense you are worried about online relatively easily.

But be aware that the statute of limitations time period freezes when an indictment is filed even if it is sealed.

In some cases there may be a legal remedy based around the Speedy Trial Clause or due process / predujicial delay, but those would depend on the exact circumstances of your case. And these would not apply if you were trying to fly under the radar and avoid apprehension and prosecution.

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Anonymous #65

Re: Ask an attorney [Re: bodhisatta]
    #25199488 - 05/12/18 01:14 PM (5 years, 10 months ago)

Quote:

bodhisatta said:
Say you're a American citizen. You travel to Germany and fuck a prostitute then travel to the Netherlands and eat some magic truffels. Does this make you a criminal back home even if its a-ok in the countries you did stuff in?




Eating truffles is fine. Engaging in conspiracy to import truffles to the US could land you with charges.

The US expanded its extraterritorial prosecution powers as related to sex tourism in 2003.  So paying a 16 or 17 year old prostitute is extremely illegal for a US citizen even if it is legal in the country you travelled to and the sex is consenual. However in your specific example legal prostitutes in Germany have a minimum age of 18 since 2008.

Many other countries claim extraterrorial prosecution of their own citizens for sex crimes. It's a good thing.

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OfflineGreat Scott
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Re: Ask an attorney [Re: Enlil]
    #25199744 - 05/12/18 04:31 PM (5 years, 10 months ago)

How do I legally and lawfully tell a cop to go pound sand?


--------------------
:thumbup: :thumbdown:

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OfflineAlan RockefellerM
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Re: Ask an attorney [Re: Great Scott]
    #25200390 - 05/13/18 01:01 AM (5 years, 10 months ago)

Quote:

Great Scott said:
How do I legally and lawfully tell a cop to go pound sand?





"Are you detaining me, or am I free to go?"

If you are not free to go:

"I would like to speak to an attorney."

Then say nothing else.

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Re: Ask an attorney [Re: Alan Rockefeller]
    #25201107 - 05/13/18 11:31 AM (5 years, 10 months ago)

Also - "I do not consent to a search"


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OfflineGreat Scott
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Re: Ask an attorney [Re: Alan Rockefeller]
    #25201139 - 05/13/18 11:53 AM (5 years, 10 months ago)

Quote:

Alan Rockefeller said:
Quote:

Great Scott said:
How do I legally and lawfully tell a cop to go pound sand?





"Are you detaining me, or am I free to go?"

If you are not free to go:

"I would like to speak to an attorney."

Then say nothing else.




How well does this go down with F.S. cops at a mushroom checkpoint?


--------------------
:thumbup: :thumbdown:

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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: vandago]
    #25201974 - 05/13/18 08:05 PM (5 years, 10 months ago)

Quote:

vandago said:
Someone I know was in the middle of a move and needed her dog and her cat watched momentarily. The time frame was never discussed but it ended up being longer than expected.  The entire time she was giving this guy money for food, and for vet bills, and visiting them on occasion.  It got to about the 5 month mark when the move was finalized and the dude said she had abandoned them to him, get the dog registered in his name and now won't respond to her.

She's opened a claim up in the civil courts in Pittsburgh suing him for custody of the pets back. They said if he wins somehow ( she has all the texts and bills to prove their agreement and the amount of $ she spent, about 1400 ) she will be etitled to her $.

What is the likelihood of her recieving her animals back, even though it was a 6 month stretch before she wanted them back.

If the courts do rule for her to get them back, how will she?  What if he still refuses?



If you're talking about small claims, most states don't allow them to order a defendant to turn over property. That means your friend gets a money judgment and uses it as leverage to try to get the animal back


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OfflineAlan RockefellerM
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Re: Ask an attorney [Re: Great Scott]
    #25201977 - 05/13/18 08:07 PM (5 years, 10 months ago)

Quote:

Great Scott said:
How well does this go down with F.S. cops at a mushroom checkpoint?




I have never heard of a forest service mushroom checkpoint, but they can't search random cars....So unless they can see something illegal through the windows like a forest product with no permit, they won't be able to look through your vehicle for mushrooms.

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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: Anonymous #156]
    #25201982 - 05/13/18 08:10 PM (5 years, 10 months ago)

Quote:

Anonymous #156 said:
If a non-U.S. citizen breaks USA laws, and they are indicted in a USA court, can the indictment remain sealed indefinitely until they catch the person in their home country and then extradite?



Why would it be sealed in the first place? It would remain in force indefinitely,  yes.
Quote:



Will the statute of limitations not set in if this is the case?



Once charged,  statute of limitations stops running
Quote:


Does the statute of limitations in USA differ depending on the crime?



Yes,  and by state.  Also, the statute is tolled (paused) while the defendant is out of the country,  even if he's not charged.


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: bodhisatta]
    #25201986 - 05/13/18 08:13 PM (5 years, 10 months ago)

Quote:

bodhisatta said:
Interesting I wana know the answer too. Say you're a American citizen. You travel to Germany and fuck a prostitute then travel to the Netherlands and eat some magic truffels. Does this make you a criminal back home even if its a-ok in the countries you did stuff in?

Or was the law broke abroad a USA and foreign law?



All  u.s citizens are subject to us law while abroad.  You are also subject to the laws of the nation you're visiting.


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: Anonymous #154]
    #25201991 - 05/13/18 08:16 PM (5 years, 10 months ago)

Quote:

Anonymous #154 said:
What about internet crimes. Say someone is living in germany and they take a US based website off line. What is the extradition treaty there



They could be charged in the USA,  but whether they are extradited depends on the country and their laws/ process


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: Great Scott] * 1
    #25201999 - 05/13/18 08:20 PM (5 years, 10 months ago)

Quote:

Great Scott said:
How do I legally and lawfully tell a cop to go pound sand?



"Go pound sand"


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Ask an Attorney

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