Im a Spanish Citizen
Overstayed my tourist visa in the US and got into some trouble w the law.
Got arrested for possesion, distribution and sales of controlled substances over an Oz.
after paying my bail, ICE took custody of me and I got deported before my criminal court date.
So a bench warrant was issued.
I know I cant go back to the US. but can i travel in Europe freely? Im a European citizen.
You can travel anywhere within the confines of the EU with an active warrant bench warrant issued in the USA. Whether you get arrested depends on whether local US bench warrants are passed through to whatever country you enter Europe at. Highly doubtful and imaginable. Also, if you're in Europe, whether you get arrested depends on whether the warrants are reported to law enforcement at the local level in the particular country. Also whether the offense is extradictable. Yours is not a warrant for murder, kidnapping or terrorism, thus, it is highly unlikely that the US municipality in question that issued the bench warrant in question will ever notify Interpol, in which case you would be detained on sight and extradited back to the USA.
It will, however, for the future, be a good idea for you to hire a local criminal defense lawyer to have him/her contact the local court in question to attempt to "quash" the bench warrant in question by providing proof of your not having been able to attend any court hearing since you were in ICE detention and subsequently removed from the USA. That attorney will need to provide the court with a copy of the removal paper handed to you by ICE upon deportation.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It all depends on whether or not the judge wishes to have the bench warrant 'filed' in Europe.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Depends on how big the the crime - you can check the Interpol list and see if you are there:
This is not legal advice but a general comment on society based on a limited set of hypothetical circumstances. No one should act or refrain from acting based on these comments without seeking appropriately licensed legal or professional advice. The author disclaims all liability in respect to actions taken or not taken based on his comments.
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