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Would i be detained crossing the tijuana border for DOC warrants??

Kent, WA |
Filed under: Criminal defense

ok so i have a DOC warrant but my DOC was supposed to be expired November of 2011 it is now 2012 almost 2013 i think they also want me in for questioning.. and this is all in the state of Washington

Attorney Answers 3

Posted

More information would be helpful but based on what you have provided it is very possible that you will be detained. I suggest you see an experienced immigration attorney before you approach the border.

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Posted

I absolutely agree with my colleague, above. You should bring all of the records you have relating to your DOC warrant to a good attorney, preferably one who is familiar with both criminal (warrant) and immigration (border crossing) issues.

Broadly speaking, you can be detained at any border crossing if you have an outstanding warrant. But whether you will be or not, and in fact whether you have a warrant or not, is a detailed fact-based question that you will want a lawyer (or two) to look at.

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Posted

If you have a DOC warrant, then your community custody will not expire. Your community custody time is tolled while you are on warrant status.

Also keep in mind that failure to keep in touch with DOC when you are ordered to community custody is a class C felony.

"RCW 72.09.310
Community custody violator.

An inmate in community custody who willfully discontinues making himself or herself available to the department for supervision by making his or her whereabouts unknown or by failing to maintain contact with the department as directed by the community corrections officer shall be deemed an escapee and fugitive from justice, and upon conviction shall be guilty of a class C felony under chapter 9A.20 RCW."

I would recommend contacting your lawyer, or obtaining a new lawyer to try to resolve the issue. It is certainly possible that you will just be sanctioned and released relatively quickly, but you won't know until/unless you get address the issue. You would be better off addressing it voluntarily rather than waiting until you are arrested. It would be taken as a sign of good faith, and DOC or the court would likely be more lenient. An attorney would be a great help in this process.

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