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Hi there I am just wondering what happens if...

Resolved • Response time 7 minutes

7 Dec 2021

Hi there I am just wondering what happens if somebody has a warrant out for their arrest in Canada but has moved to the states… What happens after that. I got assaulted and filed a police report. Since then he has moved to United States somewhere. I have followed up with the police three times. The assault happened on 14 November. I haven’t gotten contacted by an investigator. I’m just wondering what the chances are of him being caught at all.
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7 Dec 2021

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Lawyer's response
7 Dec 2021
AttorneySam
AttorneySam
Disputes/Compliance Attorney

Hi there - Thank you for using JustAnswer. My name is ***** ***** I will be helping you with this today. Please keep in mind that our conversation is for informational purposes only and does not create an attorney-client relationship. For legal advice you should consult a local attorney. There may be delays as I investigate your issue, so I appreciate your patience. The website may automatically offer you a phone call for an additional charge - please feel free to ignore the offer and we can chat here.

7 Dec 2021
Lawyer's response
7 Dec 2021
AttorneySam
AttorneySam
Disputes/Compliance Attorney

Extradition is a bit technical, and there is a treaty between Canada and the US that allows extradition for a specific list of crimes. What is the specific charge, as whether extradition can happen depends on that? As for whether it will happen, that is often a separate question of the seriousness and how willing the authorities will be to expend resources to go through extradition proceedings.

7 Dec 2021
Customer reply
7 Dec 2021
It’s physical assault.
7 Dec 2021
Customer reply
7 Dec 2021
I was attacked on an elevator
7 Dec 2021
Customer reply
7 Dec 2021
I have a voice recording of him admitting to assaulting me so it wouldn’t be a question of him getting charged
7 Dec 2021
Customer reply
7 Dec 2021
I did play the recording for a lawyer just to verify that that was enough evidence and he said it was clear admission no questions asked
7 Dec 2021
Customer reply
7 Dec 2021
are you saying that they can pick him up in the United States? Is that what that means depending on what the crime is?
7 Dec 2021
Customer reply
7 Dec 2021
I have to follow up again with the police on Wednesday. So I’m sure I can talk to the investigator about it then. I doubt that they would be using their resources to bring him out of the United States. I believe he has dual residency
7 Dec 2021
Customer reply
7 Dec 2021
If I charge somebody for a crime like this… At what point does it become a warrant for his arrest? Is it active as soon as I file a report?
7 Dec 2021
Customer reply
7 Dec 2021
I did file charges actually lol it’s not an “if”.
7 Dec 2021
Lawyer's response
7 Dec 2021
AttorneySam
AttorneySam
Disputes/Compliance Attorney

Was there serious bodily harm? Assault occasioning bodily harm is covered by the treaty, but common assault is not. With that said, excepting a very brutal assault, it may be difficult to actually obtain an extradition for most assaults. Usually the arrest warrant would be issued and they would just try to pick him up if he returns to Canada.

7 Dec 2021
Lawyer's response
7 Dec 2021
AttorneySam
AttorneySam
Disputes/Compliance Attorney

Even within the US, often people won't be picked up and sent to another state for common assault. It's unfortunately an issue of resources.

7 Dec 2021
Customer reply
7 Dec 2021
that I can understand.
7 Dec 2021
Customer reply
7 Dec 2021
I just had a few bruises and well my mental state is obviously affected
7 Dec 2021
Lawyer's response
7 Dec 2021
AttorneySam
AttorneySam
Disputes/Compliance Attorney

It can be worthwhile just to try to get the warrant issued. If he comes back, they can pick him up then for the charges.

7 Dec 2021
Customer reply
7 Dec 2021
Yeah he did not give me my $800 camera back.
7 Dec 2021
Customer reply
7 Dec 2021
Which is why I went there to begin with is to get it back
7 Dec 2021
Customer reply
7 Dec 2021
8230; I’m hoping that he gets caught so I can get them back or at least compensation
7 Dec 2021
Customer reply
7 Dec 2021
Lent him my extra vehicle For a few months, agreement was that it was free and less he felt the need at some point in time to pay me back. But he burnt my seats after this happened
7 Dec 2021
Customer reply
7 Dec 2021
Before he gave the vehicle back to me
7 Dec 2021
Customer reply
7 Dec 2021
there’s that as well
7 Dec 2021
Lawyer's response
7 Dec 2021
AttorneySam
AttorneySam
Disputes/Compliance Attorney

I completely understand. The police will file charges if there is probable cause in the evidence you've provided them. At that point it may just be a waiting game.

7 Dec 2021
Customer reply
7 Dec 2021
Fair enough… Well there’s definitely probable cause lol. Thanks so much for answering my questions I appreciate it. Have a wonderful night
7 Dec 2021
Lawyer's response
7 Dec 2021
AttorneySam
AttorneySam

Sure thing - Good luck to you in getting some justice here. Feel free to come back to JustAnswer with any other questions.

Customer rating:
AttorneySam
AttorneySam
Disputes/Compliance Attorney
Avg. question only CA$36
J.D. University of North Carolina; knowledgeable in landlord-tenant, family, criminal, constitutional, property, corporate/business, and international law.
7 Dec 2021
Your question matters. AttorneySam and 4 other Lawyers are ready to help. Ask your own question
Customer reply
7 Dec 2021
sure thing
7 Dec 2021

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