Criminal Matters

Posted by tko (325 days ago)

in the U.S. a friend of mine, about 4 years back, stole a credit card with his friend and used it at a department store. they got caught and were served with court letters almost a year later. his friend got community service for 8 months, but he moved to Hong Kong the day before he was served (he didn't know because it took so long). if he were to return to the U.S. now, what do u suppose would happen?

(I am based in Hong Kong)

Posted by GreenValleys (324 days ago)

In my view it's likely he'd have a very early encounter with the long arm of the law.

(I am based in Jakarta)

Posted by ppoutdoor (324 days ago)

Provided that this is not yet another fake thread from you-know-who, I would say that if the crime committed is not a federal crime, you would be safe as long as you stay out of the state-where-your-crime-was-committed. But there is still the chance that Mad Dog the Bounty Hunter will come after you.

(I am based in Hong Kong)

Posted by gdbill (318 days ago)

If it's a felony, they will generally extradite you from state A to state B, but they would probably not extradite him from HK, although they could.

Also, he'd likely be considered a fugitive and that is a felony though the original charge might not be.

(I am based in Guangzhou)

Posted by expat_abroad (302 days ago)

I stand corrected but I thought crimes relating to credit cards in the USA, or any jurisdiction for that matter were serious. In the US the Secret Service has two key roles.

Accoriding to the official site, the United States Secret Service is mandated by statute and executive order to carry out two significant missions: protection and criminal investigations. The Secret Service protects the president and vice president........The Secret Service also investigates violations of laws relating to counterfeiting of obligations and securities of the United States; financial crimes that include, but are not limited to, access device fraud, financial institution fraud, identity theft, computer fraud; and computer-based attacks on the USA financial, banking, and telecommunications infrastructure.

Call me paranoid, but if I were your friend I would assume the worst.

(I am based in Hong Kong)

Posted by gdbill (302 days ago)

The Secret Service, by policy, defers prosecution to local authorities in cases where the amount involved is less than $10k. In reality, even if the amount exceeds $10k they usually pass the case to local authorities.

(I am based in Guangzhou)

Posted by tko (302 days ago)

oh ...i think it's even under 2,000...haha

(I am based in Hong Kong)

Posted by Thames (301 days ago)

I wouldn't laugh too soon, tko. It's not beyond the realms of possibility that there will be some consequences. Why not ask when you get back to the States, just to put your mind at rest about your 'friend'?!

(I am based in Hong Kong)

Posted by gdbill (300 days ago)

TKO, at least in Hk your friend has nothing to worry about. It is highly unlikely they will extradite him from HK on a state warrant, albeit a felony warrant, for a non-violent offense. Very highly unlikely.

What is likely to happen, though, is when he returns to the States they can nab him if not right in the airport upon arrival at least at a most inopportune later time. Another possibility is that they can rescind his passport if there is a federal warrant out on him. They do not cancel passports on state warrants, but it is easy enough for the state to ask the feds to declare one a fugitive (i.e. interstate flight to avoid prosecution) and issue a federal warrant.

Sooner or later -- most likely later -- he'll have to face the music.

(I am based in Guangzhou)