I'm stranded in Asia and can't get back home!

[D1gger]

A bench warrant can be issued in both civil and criminal cases. Failure to pay child support, as indicated by a previous court ruling, is a common type of civil case where a bench warrant may be issued. If the individual fails to pay, they are in contempt of court, and a bench warrant can be issued for their arrest. In some civil cases, failure to appear before the court as ordered may result in a default judgment (not often in the defendant’s favor) as opposed to a bench warrant.

The bench warrant isn't issued for the civil judgement, it is issued due to contempt of court for not showing up for the hearings. It can be a valid warrant.

Is the arrest warrant only valid in the province it was issued?

Typically, an arrest warrant signed by a justice or judge is valid only in the province where the justice or judge has jurisdiction. This means that an arrest warrant signed in Edmonton is usually valid anywhere in Alberta, but would not be valid in another province.

However, this does not mean that the police cannot arrest you outside of Alberta. If a police officer out of province believes a certain arrest warrant is serious enough to merit arrest and detention, then they will arrest you and contact the police in the province where the warrant was issued. Once contacted, the police from the issuing province will then contact the Crown to decide how they wish to proceed. They may elect to have you released or transported back depending on the circumstances. Because an arrest warrant has been issued the out of province police immediately have reasonable and probable grounds for their arrest. This means that they do not need the usual grounds for their arrest, because the warrant serves as evidence that you have already committed some sort of offense.

Does an arrest warrant prevent me from travelling?

An arrest warrant will probably not prevent you from traveling within Canada, unless the police stop you and run your identification through CPIC. However, if you are planning to travel outside of the country, there is a chance that you will be detained at the border. The border guards and customs officers can run your identification at their discretion and often do random checks to prevent people from slipping through with warrants. If they run your identification and discover that there is a warrant out for your arrest, then you will be detained at the border until the police can come and pick you up.

More info here: http://www.slsedmonton.com/criminal/warrants/

 

[Thump553]

You mean take the bus - won't they run my name through the computer at customs there the same way they would at an airport?



Thing is that this will cost a few thousand dollars that I'll never see again, and if I can just show up in front of a judge myself then it won't cost me a penny - I'll just explain everything, and plus I know how to file paperwork to get the default judgement set aside, etc (it's really simple actually). And yes, I've seen the warrant - my "lawyer" faxed me a copy.



What I'm worried about is that the other person, being a POS scam artist that they are (and one who really knows the game as well) may have notified the border. What'll happen then? You say that worst chance is I'll be taken into custody, but what does that mean - will I go to jail? For how long?

You're on the right track about reopening the judgment. Make sure you don't wait too long or you will blow your chance to do so.

I don't know Canadian law or practice, but down here maybe 1% of people who have such warrants against them get "arrested" and the vast majority of them never even see a jail-they are brought by the arresting officer right to court to answer the contempt citation. I've never heard of anyone here being held overnight on this type of warrant.

Again, I wouldn't sweat it. The absolute worst that will happen is you will have an amusing story to tell about your desparado days (in retrospect).

 

[anxi80]

Just track down Saito and he can use his influence to make a call that'll clear your name by the time your flight lands.

 

[rudeguy]

anyone else think the OP should sell himself into the Asian sex trade?

 

[MotionMan]

Thought about this thread today.

Did OP every get home?

MotionMan