I am a US citizen. From summer of '06, I have a drug offence for which I served the sentence (only a month...not too bad) and was deported from Canada. Last month, I was caught trying to enter BC with more drugs. Instead of going directly to jail (as I thought I should have), I was given a promise to appear and deported again the same day. My court date is in February of '07. I know that if I don't show up to my hearing, I won't be arrested in USA. However, I do want the ability to eventually enter Canada without being arrested again just for doing so. Would I be better off showing up to court and serving my sentence again, or not showing up and just waiting for the statute of limitations to take effect (if there is one)?
2006-12-11 18:55:26 · 3 answers · asked by JGarLoPa 3 in Politics & Government ➔ Law & Ethics
Related question...
I have been to Canada many times before, and I have passed through Customs both at int'l airports and land border crossings. I am about to receive inheritance, and with some of it I will buy my own single-engine plane. If I fly from a small, municipal aiport in USA to another one anywhere in Canada, will I have to pass through Customs (i.e., does Customs normally exist at such airports)?
2006-12-11 19:05:28 · update #1
Show up in court proceedings in order not to be declared in contempt of court which will mean another case for you.
2006-12-11 18:59:32 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
First off, as a former civil rights and criminal law paralegal and current law school student i have to advise you to quit smuggling drugs into Canada. I am not judging you. I think non-violent drug distribution should be legalized. However, if you want to stay out of trouble, you have to stop it now. As to your questions
1. whether you should go to your court date or skip it, considering you want to be able to re-enter Canada lawfully in the future. Go to your courtdate. Ask the judge if you will ever be allowed to come back to visit family or friends living there. Find out what you have to do to be allowed re-entry. If you hide from your offense, it will eventually catch up with you and prevent you from re-entering. If you go to the hearing, at least you can find out if/when/how you can ever re-enter and what you have to do to resolve and make up for the crime.
2. There may be a "statute of limitations," on this criminal offense, but that would only prevent you from being arrested and prosecued for the offense within X number of years. You have already been caught and are being prosecuted. therefore, the statute of limitations will not prevent you from being in trouble years from now. Once you are prosecuted and convicted, if you avoid your punishment, they can keep that on their records forever. A statute of limitations does not erase that.
3. whether you will have to pass through customs in your air plane. Very possible, if not every time then at least the possibility is there and ultimately they will be on to you and check you out and it is not worth the risk of being caught when you have been repeatedly deported, may not have a right of entry, and may be smuggling drugs in Canada in your plane.
I really hope this helps.
2006-12-11 19:14:02 · answer #2 · answered by Cynthia W 4 · 0⤊ 0⤋
If you do want to come back ever again, you will need to go to court... they have your record adn they will check it at border, you may get lucky if you came late at night but its better not to take a chance, the GOOD news is BC is usually more leniant about Drug possession, unless you were bringing in large amounts, also on what kind of drug your bringing in. if it was just weed, then don't sweat it too much. but my advice would be to just show up for court
2006-12-11 19:04:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋