Sunday, January 17, 2010

Is there a statute of limitations on Federal cases, and what happens if you jump bail.?

My uncle got arrested for drug trafficking over 10 years ago, they paid for his Bail, and he left the country (his dad was on his Death bed) what are the logistics of him coming back now, how will he be tried etc...Is there a statute of limitations on Federal cases, and what happens if you jump bail.?
The statute of limitations is the amount of time the government has to charge you with a crime.





If he jumped bail, that means he was already charged and arraigned. There's no time limit. He'll be arrested, and a fugitive charge will probably be added to his problems.Is there a statute of limitations on Federal cases, and what happens if you jump bail.?
Well you have several problems.





1) is the issue of the drug trafficking charge, if he has to go to jail, etc. This will be difficult in his case as the Statute of Limitations limits when a prosecution can be BROUGHT. If he was already charged and released on bail, then the prosecution had begun, and the statute does NOT apply. The Statute of Limiations would apply if, for instance, he and his wife had sold drugs to people, and had gotten out of the buisness before ever being arrested...then 25 years later they get divorced and the ex- THEN decided to call the DEA and turn him in.





2) is getting into the U.S.A. Unless he is a citizen, his chances of getting in are pretty bad. Immigration law changes over time, but generally it is felt that the U.S. has quite enough drug addicts and drug dealers of its' own, thank you very much. Therefore there really isn't any demand within the U.S. for us to import meth maggots, pot heads, and strung out heroin junkies from other countries. The poem says ';give me your tired, your poor, your yearning to breathe free'; not ';give me your strung out, your dealers, and your ...like...uh...totally wasted dudes.'; Bottom line...even if the Justice Department and the U.S. Marshals were willing to let him in, the Immigration people probably wouldn't be.








3) whoever paid for the bail lost a lot of money. I'm just guessing here, but I think he's on the hook for that amount...and he also has flight to avoid prosecution charges to deal with too.








(his dad was on his Death bed)...yeah right.



Its been a long times since I knew or followed things along these lines but usually part of the bail is putting up money or assets which you automatically forfeit as soon as you jump %26amp; as penalty for it so. If you owe a bail agent you owe them money either way %26amp; most federal laws have longer limitations then states but 10 years and given he's supposed death bed I wouldnt worry about it after all it doesnt seem they really went looking for him. Call the US attorneyies office for the best answer but I doubt they would make a fuss.
I'm sure someone will give you the real answer, but here's a guess. In general, the justice system does not permit people to benefit from their own criminal conduct. I'm sure they'll just pick him up and try him now if they haven't done so in absentia.

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