Does the US government think I've been a naughty girl?

November 5, 2009 12:37 PM

YANML filter: I don't live in America but it's possible that the US government has issued a warrant/indictment against me. Is it possible to find out if they have or not? What if it's a sealed indictment? I'm no fugitive but I'm not going to enter the US and say 'did you happen to be looking for me' if there's a risk that the answer is yes?

Just to be clear, I haven't done anything illegal but it's possible that my name got mixed up in some stuff and I'd like to check that before I next go to the US. I also don't want to just "turn myself in" in order to "clarify things" as that's just going to lead to confusion. Is there a way to look into this without raising all kinds of red flags etc?

posted by anonymous to law & government (16 comments total)

If you know any lawyer types, they can run your name through the docket search on Lexis-Nexis and see if you show up on it.
posted by Kirklander at 12:40 PM on November 5, 2009 [1 favorite]

Contact the American embassy in your country, they should be able to help.
posted by damn dirty ape at 12:40 PM on November 5, 2009

Actually, contacting the US Embassy would be a bad idea, because at least one person at that embassy works for the CIA and if the US government is looking for you, that's who's in charge of finding you.

Getting a lawyer to check this out is the right answer.
posted by Sidhedevil at 12:42 PM on November 5, 2009 [2 favorites]

mefi mail me.
posted by anthropomorphic at 12:45 PM on November 5, 2009

Obtain competent criminal counsel. Take no advice from posters on this thread other than get a lawyer.
posted by Ironmouth at 12:49 PM on November 5, 2009 [12 favorites]

Chiming in just to second what Ironmouth said. Disregard everything else. This is a really, really, really bad subject area for amateur hour advice.
posted by Pontius Pilate at 12:53 PM on November 5, 2009

Yeah all responses here other than "talk to a lawyer" should be deleted/ignored. Don't fuck around with this type of stuff.
posted by dfriedman at 12:57 PM on November 5, 2009

LAWYER LAWYER LAWYER LAWYER LAWYER

lawyer
posted by Sidhedevil at 1:07 PM on November 5, 2009 [3 favorites]

I've read of cold cases that became hot again when an inquiry came in whether the person was being looked for. Do tread carefully.

If I were in your shoes, I would look for a local (to your country) attorney who specializes in cases like this, as I imagine there are a lot of specialty areas to consider that may be out of a generalist's league, including the law of the locality where the alleged crime occurred, extradition treaties, and most importantly, how to find out whether you're on anyone's list without setting off alarms. I might also consider looking for an attorney local to where the alleged crime occurred, who may know how to discreetly inquire whether the local prosecutor decided to do anything.

Disclaimer: not a lawyer, never been in this situation.
posted by zippy at 1:11 PM on November 5, 2009

Nthing get a very very good criminal defense lawyer. Even if you think you didn't do anything illegal. That's what your defense would be, right? Innocence?

But I'm actually posting to let you know that if you are arrested by a U.S. jurisdiction, you have the following rights which you may not be fully informed of:

1. You have the right to remain silent. Seriously, even what you think is an excellent explanation of why you are completely and totally innocent can get you in hot water. Remain silent. Just keep saying very very clearly "I will not answer any questions or provide any information. I demand to see a lawyer." Don't equivocate. Just repeat those words. Oh, and ask for food and water if you need it. And a bathroom when appropriate. And medical care if you're seriously ill or hurt. They don't have the right to deny you any of these things when you actually need them.

2. You have the right to an attorney. Even if you aren't a citizen, or even here legally, you have the right to have counsel paid for by the jurisdiction in which you are charged, if you can't afford one.

3. Even better, though, under the Geneva Convention, you have the right to have your embassy contacted, and the embassy has the right to hire an attorney for you who will almost certainly be better than any attorney the state appoints. You can (and should) refuse to answer a single question until you have spoken with someone from your embassy (or consulate).

(Note to public defenders: this is because most PDs are overworked and have minimal resources, not because they are inherently good lawyers. Please realize I am criticizing the system, not the lawyers working within it. Or at least, not all of the lawyers within it. Some are pretty bad.)

Remember: it's not you who decides whether what you did or didn't do was illegal. It's the legal system. Tread carefully. And get a lawyer who will give you the time to explain everything and answer all your questions.

Finally, stop posting things like this on the internet. See, e.g.: this guy's story.
posted by Capri at 1:40 PM on November 5, 2009 [2 favorites]

American embassy is a bad idea, as Sidhevil says, but your own nation's equivalent of a State Department is a fine one: there is probably an agency or department in your own gov't that's charged with dealing with nationals detained abroad.

The people who would argue with the US government to have you returned if they detained you improperly? The people who your gov't would send to Singapore if you were locked up for life after spitting out your bubblegum?

Those would be the useful people to know. Also, "international law" in your phone book.
posted by rokusan at 1:43 PM on November 5, 2009

Bear in mind that not all countries advocate as well for nationals detained in foreign countries as well as they used to / ought to.
posted by onshi at 1:56 PM on November 5, 2009

What would a lawyer even do? Do they have some magic hotline to ask if someone has a warrant?
posted by smackfu at 3:07 PM on November 5, 2009

If there's a chance it's a sealed indictment I don't think a lawyer would find out. IANAL, but the whole point is to keep it quiet until after you've been arrested or are, at least, in their jurisdiction. If your name is mixed up in stuff, but you're definitely innocent AND you want to be able to come to the US someday OR there's a danger of you being extradited at some point, then it's definitely lawyer time. If there's information you have from being mixed up in something and you're a minor player then you have some currency to get this resolved with a minimum of pain, but it might only be good for a short period of time.
posted by IanMorr at 3:23 PM on November 5, 2009

As Sidhedevil says, do not contact the US Embassy. I wouldn't be so concerned about the CIA unless you're caught up in some frickin' serious shit, but going to the US Embassy in your country and saying, "hey. Am I wanted?" is very nearly as bad of an idea as it would be to fly to the US and ask the same question of the immigration authorities.

What you want, of course, is a lawyer. smackfu: a lawyer could contact the district attorney and/or the police and inquire as to the situation. Only a lawyer can do this without being forced to reveal the location of his/her client later on. A lawyer can advise you on any potential for a sealed indictment or anything of that nature and what risks you may or may not be taking should you arrive on American soil. Generally, if the authorities are looking for someone, and that person's lawyer calls in order to look into surrendering that person and/or clearing the matter up, it is in the interest of the police to follow-up. A lawyer is the only person who can advise you and help to clear this up. Get one.
posted by zachlipton at 4:19 PM on November 5, 2009

I am not your lawyer, but I will definitely nth those who advise you to get one.
posted by Conrad Cornelius o'Donald o'Dell at 6:37 PM on November 5, 2009