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Pending misdemeanor charge and getting through customs

panickedhoneymooner
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panickedhoneymooner

panickedhoneymooner

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Hey thanks everyone for all of the advice...and yes I'll give an update to those interested.

 

As to the outcome I went to the courthouse at 8am sharp and begged the clerk to help me with the situation. Because it involved the DA there had to be a hearing, and given the circumstances she helped get the case put on the 1:30pm docket that afternoon. We went before the judge and the DA was fine with me going on my honeymoon. The judge even cracked a joke about staying out of trouble as much as possible. So we got on the road around 3pm and made our 12:30pm check in for the cruise...and had a blast.

 

As far as the snarky comments about not reading the court papers....not helpful. I have a professional job and I'm not fluent in how the legal system works. I assumed it being a criminal traffic offense, given my lack of criminal record, why would I assume or even think to look whether I'm supposed to stay in the state. I had already been in front of the judge twice, neither time was a condition of travel brought up. It was a tiny box on the 3rd page of my court papers. Yes it's my responsibility...and I didn't read them...but the snarky comments...keep them to yourself.

 

I don't have an attorney, and honestly don't plan on getting one. I made a mistake and have already started taking actions to correct the situation. I will go to the DA in person closer to my trial date and ask if we can plead the charges down for the sake of my career and child custody (I will of course ask for a stiffer penalty up front in trade...higher fine...jail time...etc). If not I'll take my medicine like a man and move on with an expensive and painful lesson.

 

Thank you to everyone who replied...even those who were less than kind. In the future there was no CBP check and I wasn't flagged at all. The court told me I didn't need any paperwork, so in reality no one would have known had I left. I do know that it was the right thing to do and I'm glad because it made the trip stress free.

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Flatbush Flyer

Flatbush Flyer

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So, nice that OP did the right thing.

But, now, he may want to make sure that whatever "best outcome" results from his legal situation, it accurately makes its way to the NCIC database. Surprisingly, there's a lot of misinformation (particularly in terms of court cases with missing dispositions) in that data base. I know of several folks initially denied Global Entry due to things they thought were cleared up many years ago. And straightening them out now can take significant time and/or money.

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panickedhoneymooner

panickedhoneymooner

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Was this comment necessary?

 

DON

 

Honestly I didn't take offense to that part....the reality is it was a lapse in judgment. I made a poor choice that night and will pay heavily for it. As far as the NCIC...yeah I need to make sure that whatever the outcome is it is accurately reported. This was my first real cruise (went on one when I was 18...doesn't count). My wife and I are already looking forward to the next.

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Host Walt

Host Walt

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So, nice that OP did the right thing.

But, now, he may want to make sure that whatever "best outcome" results from his legal situation, it accurately makes its way to the NCIC database. Surprisingly, there's a lot of misinformation (particularly in terms of court cases with missing dispositions) in that data base. I know of several folks initially denied Global Entry due to things they thought were cleared up many years ago. And straightening them out now can take significant time and/or money.

I agree completely. In fact IMO it would be worth the time and trouble for you to apply today for Global Entry. It's a time consuming process but it's one great way to establish once and for all if the arrest causes any problems.

 

When I applied for Global Entry the CBP officer who interviewed me asked about a 1998 arrest that was on my record that I knew nothing about. He gave me enough detail so that I could clear the record. (It was a petty theft allegation for $55.00 that was totally bogus and was expunged about 1 hour after I spoke with the police) but I felt great that the record got cleared up.

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Flatbush Flyer

Flatbush Flyer

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I agree completely. In fact IMO it would be worth the time and trouble for you to apply today for Global Entry. It's a time consuming process but it's one great way to establish once and for all if the arrest causes any problems.

 

 

 

When I applied for Global Entry the CBP officer who interviewed me asked about a 1998 arrest that was on my record that I knew nothing about. He gave me enough detail so that I could clear the record. (It was a petty theft allegation for $55.00 that was totally bogus and was expunged about 1 hour after I spoke with the police) but I felt great that the record got cleared up.

 

 

 

Yes- the problem may often relate to an error by the keeper of court records in the particular state where the offense/court case was held. Each state owns its records and NCIC merely stores them in a central federal location. If, for any reason, the state does not order disposition results/changes to an arrest record in NCIC, a "live scan" fingerprinting (as is used by CBP) will show whatever is currently in NCIC (right or wrong).

 

Complicating all of this is the good news/bad news that some states/counties within a state eventually destroy court records when court case is dismissed or defendant is found not guilty. Imagine the FUBAR when trying to acquire destroyed case results to prove NCIC has wrong info.

 

Got about $75 burning a hole in your pocket? Go get "live fingerprinted" at an approved business for a personal inquiry of your FBI/NCIC record. Here's a real kicker: Police departments will generally not do it for you unless it relates to a current arrest or you are applying for police related employment! (That background check you got for a non-public safety job? It only checks your state's records, which is useless for CBP Global Entry since that relies on NCIC).

Edited by Flatbush Flyer
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CruiseGal999

CruiseGal999

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Honestly I didn't take offense to that part....the reality is it was a lapse in judgment. I made a poor choice that night and will pay heavily for it. As far as the NCIC...yeah I need to make sure that whatever the outcome is it is accurately reported. This was my first real cruise (went on one when I was 18...doesn't count). My wife and I are already looking forward to the next.

 

I am really glad you had a great cruise & honeymoon.

 

My 1st cruise was when I was 19 ... and it counts in my book! :D

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Dancing Shoes

Dancing Shoes

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Thanks for coming back to share glad everything worked out ok. As previously mentioned, if you do decide to cruise to Alaska you need to be able to enter Canada and you'll need special paperwork. They really nail you if you have had a DUI. Congratulations.

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bbtbear

bbtbear

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I'm glad to hear that you went down to the courthouse and got everything cleared up and then were able to enjoy your honeymoon. My concern when I saw your original post was that you were going to just try to fly by the seat of your pants with your new bride, having no idea if you'd be able to get on the ship after packing, traveling to the port, etc. I also worried that if you knowingly defied the court order without permission,even if you did get onto the ship, you would be committing a new crime which could then come back to haunt you (and your wife) down the road. I'm glad you got it all sorted with the court and wish you and your new wife all the best going forward. Congratulations!

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pkay414

pkay414

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I

 

 

 

 

I read his contacting DA and courthouse and took that to imply the DA's are always at ' the courthouse' which is silly

 

The BiGGER point i s why didn't he consult his attorney?

 

 

 

I hope he re t urns to tell us how he made out.

 

I work at a courthouse in Texas and the DA WILL NOT speak with a defendant that is represented by counsel. Can you imagine the trouble they would get in?

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sail7seas

sail7seas

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Hey thanks everyone for all of the advice...and yes I'll give an update to those interested.

 

As to the outcome I went to the courthouse at 8am sharp and begged the clerk to help me with the situation. Because it involved the DA there had to be a hearing, and given the circumstances she helped get the case put on the 1:30pm docket that afternoon. We went before the judge and the DA was fine with me going on my honeymoon. The judge even cracked a joke about staying out of trouble as much as possible. So we got on the road around 3pm and made our 12:30pm check in for the cruise...and had a blast.

 

As far as the snarky comments about not reading the court papers....not helpful. I have a professional job and I'm not fluent in how the legal system works. I assumed it being a criminal traffic offense, given my lack of criminal record, why would I assume or even think to look whether I'm supposed to stay in the state. I had already been in front of the judge twice, neither time was a condition of travel brought up. It was a tiny box on the 3rd page of my court papers. Yes it's my responsibility...and I didn't read them...but the snarky comments...keep them to yourself.

 

I don't have an attorney, and honestly don't plan on getting one. I made a mistake and have already started taking actions to correct the situation. I will go to the DA in person closer to my trial date and ask if we can plead the charges down for the sake of my career and child custody (I will of course ask for a stiffer penalty up front in trade...higher fine...jail time...etc). If not I'll take my medicine like a man and move on with an expensive and painful lesson.

 

Thank you to everyone who replied...even those who were less than kind. In the future there was no CBP check and I wasn't flagged at all. The court told me I didn't need any paperwork, so in reality no one would have known had I left. I do know that it was the right thing to do and I'm glad because it made the trip stress free.

 

 

Thank you for coming back to share this post with us. I am very happy you got to sail for your honeymoon and wish you and your bride every happiness and all the best in the years to come. May there be many in good health and happiness together.

 

While I understand your comment the DA would not speak with you if you had an attorney, The DA Would speak with him or her. In any case, it seems you have worked this out reasonably well and best wishes for all the best. Hope the whole thing is resolved quickly.

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