Was wondering if some one can answer question ns for me last night me 16 year got caught joy riding in a car him and his friend bought of kijji so the car was not stolen but got charged lying to a police officer and stole possotion ion of property meaning the licences plate first time ever dealing with this the other thing headed to Florida with familie lay in couple of weeks when I get to customs am I going to have as uprise is there someone I should contact before we leave and I guees Monday should get a lawyer thanks in advance for your help
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Sorry here a few questions I'm trying to ask for legal advice I guess we could say . last night my son was arrested for theft and lying to a police officer . him and his friend bout a car off kijji and stole listen plates and put on the car they got off kijji .They got pulled over last night and were arrested for theft and lying to officer . the other thing were leaving for Florida for a few week am I going to get as uprise at airport because he was charged. if anyone can help with theses questions ns please let me know
He is under 18 so is a young offender. So any penalty or long term record is not going to be much of an issue even if he pleads guilty.
You should talk to a lawyer nonetheless and get their advice. If he is a decent kid and things are as you say, if he pleads guilty, the Crown will likely agree to a notional penalty of some sort like community service. But I'd not suggest doing anything without investing even $2k with a basic lawyer to make the deal and the plea.
As he has only been charged and not convicted, I doubt whether the US Immigration is even going to notice. Especially if you are travelling as a family.
A you are leaving from Toronto and you will pre-clear Customs and Immigration here in Toronto, I'd say go ahead with your plans to travel. Worst case is that you get turned around up here and just have to go home. or send him home.
You should talk to a lawyer nonetheless and get their advice. If he is a decent kid and things are as you say, if he pleads guilty, the Crown will likely agree to a notional penalty of some sort like community service. But I'd not suggest doing anything without investing even $2k with a basic lawyer to make the deal and the plea.
As he has only been charged and not convicted, I doubt whether the US Immigration is even going to notice. Especially if you are travelling as a family.
A you are leaving from Toronto and you will pre-clear Customs and Immigration here in Toronto, I'd say go ahead with your plans to travel. Worst case is that you get turned around up here and just have to go home. or send him home.
Anyways, back to the original questions.
Yes, there is a chance that your son will be refused entry based on his recent arrest. If it has reached the USCPB system, and if the Agent decides that he is a risk to the US. But the ONLY way you will find out is if he tries to enter. Whatever you do, don't lie to Customs. They can "understand" if your son was caught up in something with a friend etc if it is explained but are not happy if there is lying. So if they ask if he has ever been "arrested" he has to say yes.
But get a criminal lawyer's advice on how to handle the disposition of the charges.
Yes, there is a chance that your son will be refused entry based on his recent arrest. If it has reached the USCPB system, and if the Agent decides that he is a risk to the US. But the ONLY way you will find out is if he tries to enter. Whatever you do, don't lie to Customs. They can "understand" if your son was caught up in something with a friend etc if it is explained but are not happy if there is lying. So if they ask if he has ever been "arrested" he has to say yes.
But get a criminal lawyer's advice on how to handle the disposition of the charges.
Speak to an immigration and/or criminal lawyer but I think you can "pre-clear" your son before you embark on your trip. I think this is how entertainers and hockey players with criminal records enter the U.S. and vice versa.
https://en.wikipedia.org/wiki/United_States_border_preclearance
https://en.wikipedia.org/wiki/United_States_border_preclearance
You know what Shakespeare said (just a joke - seems like the suspected lawyers on Terb are a good bunch).
