Committed a crime while visiting USA

[marizihina 0]

Hello!

 

 

I would really appreciate a help if someone know what to do in this case.

My friend was traveling to the conference in North Carolina with her boyfriend and they got on the fight and she called a police. After they both got to the jail for one day and tomorrow will be a court. They both are on the tourist visa. Does anyone know what could possible happen to them? There as no big fight, she was just scared. But now she is afraid of the court.

 

Did anyone had to deal with police and court on the tourist visa?

 

Thanks a lot!

 

Help appreciated!

[Georgia16 2,858]

Well she most have done more then just being scared to be taken to jail and thereafter court so you aren't telling the whole story or you having been told the whole story.

[marizihina 0]

They took them to the jail to separate them and they already released them. But I guess the police took it very seriously. They both have some scratches but that's it.

 

I was just wondering what possible could happen to them since they are tourist not USA residents!?

 

Thanks!

[Georgia16 2,858]

7 minutes ago, marizihina said:

They took them to the jail to separate them and they already released them. But I guess the police took it very seriously. They both have some scratches but that's it.

 

I was just wondering what possible could happen to them since they are tourist not USA residents!?

 

Thanks!

The same and maybe send home after who knows. What are their changes? 

[marizihina 0]

They just want to be prepared for the court. Police by the law had to take them to the jail.

I was thinking the same, they must be sending home and not allowed to come back, but curious what else could possible happen?!

[Georgia16 2,858]

1 minute ago, marizihina said:

They just want to be prepared for the court. Police by the law had to take them to the jail.

I was thinking the same, they must be sending home and not allowed to come back, but curious what else could possible happen?!

Like what do you mean fine jail? Then yes of course that can happen but we don't know what they were charge with so try and relax. They should have attorneys with them tomorrow.

[KierenHby 897]

25 minutes ago, marizihina said:

They took them to the jail to separate them and they already released them. But I guess the police took it very seriously. They both have some scratches but that's it.

 

I was just wondering what possible could happen to them since they are tourist not USA residents!?

 

Thanks!

Scratches, sounds like a physical altercation and potential charges filed by. Judge hears, either fine\jail, or let go with just court fees. 

[marizihina 0]

She refused to have an attorney,because she didn't know its going to be such a big deal. The question is do they get judged as americans citizens or there is a different low for the tourists. 

Thanks 

[KierenHby 897]

Except for diplomats under immunity, while in the US, all visitors\tourists are subject to US law. 

[geowrian 22,335]

22 minutes ago, marizihina said:

She refused to have an attorney,because she didn't know its going to be such a big deal. The question is do they get judged as americans citizens or there is a different low for the tourists. 

Thanks 

We don't know what the actual charges are, but anytime you get arrested and put in a holding cell (or worse) in a foreign country, getting a lawyer is a good idea. You don't get put in any kind of detention without it potentially being "a big deal". It's more work for an officer to have to bring people in, so they generally try to handle the situation at the scene when they can.

 

Laws are laws and apply the exact same no matter who you are (barring some very rare exceptions). But obviously immigration consequences aren't a factor for USCs. Hopefully the judge just gives them a stern warning, a fine, and lets them go on a form of probation / deferred judgement. They can, however, refer the case to an immigration court as well, depending on the specific crime. Technically, they can be viewed a flight risk and the judge can hold their passports until the case is decided. A lawyer here would be useful here, IMHO. If this was something like public intoxication or even a DUI, then it would be simpler. But anytime physical violence is involved, the consequences can be pretty severe. We don't have all the details so there's some speculation going on here. "Some scratches" could be from incidental contact or minor shoving, or it could be an actual fight just being downplayed by the friend now that things have settled down.

 

Most likely they can plead guilty (knowing full well what the crime and consequences are! again, a lawyer is useful here), get a fine and pay it, and go along their merry way. There may difficulty getting/using another visa/ESTA/whatever in the future due to a prior arrest/conviction.

[KierenHby 897]

What is\are the charge(s)? 

[Cyberfx1024 7,978]

3 hours ago, Georgia16 said:

Well she most have done more then just being scared to be taken to jail and thereafter court so you aren't telling the whole story or you having been told the whole story.

NC has a STRICT 48 hour old for anyone committing any type of DV before being given a hearing. So they must have both been fighting with each other with marks. 

[marizihina 0]

Thank you!

[QueenComley 295]

I asked my husband, and he said he hoped they would be ok....... Then he read about "a few scratches".  That is evidence domestic violence took place, and is taken very seriously. Hopefully this will be an eye opener to them both, and they will part ways once they leave America.

Edited March 16, 2017 by QueenComley

[Becci391 339]

They could have serious problems if they want to apply for a new ESTA or tourist visa. Aside from that, the chance of returning them back to there home country when they want to visit the USA again is very high. They should also know that there could be a ban to visit the states again for the next years. So they either get send back home the next time or they get a ban.