Has my son blown his chances?

USAVirgin

dizzybuff wrote: »

Best bet is to contact the Cops with the fact you are going away , sounds stupid I know but we have had offenders do it in the past. Or phone the court . Sorry how many months ago was it im curious?

It happened in June, but really hoped that it would have been done and dusted before we went away. I have the number of the pc who has been dealing with this so will give him a ring just to let him know.

Many thanks

whatajoke2

thetope wrote: »

a colleague of mine recently applied for a visa to attend a family wedding as he was ineligible for a visa waiver due to a drink-driving conviction 2.5 years ago. As he had no idea that his conviction would exclude him for a waiver

Drink driving requires a medical within 3 years of the offense, or if two seperate offenses occured. A notice was sent round to all the US embassys regarding this.

This one

travel.state.gov/visa/laws/telegrams/telegrams_3267.html

You can (and people do) argue all day as to whether that notice says that if a sole offence was over 3 years ago you have a free pass and can use the VWP.

PS they decided your friend had either a (1) diagnosis of mental disorder (alcohol abuse) and (2) current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder that is judged likely to recur in the future.

thetope wrote: »

it's very likely that a medical will required to ascertain whether your son is an addict ....... it's also extremely likely they'll say no, based on my friend's experience.

No. As the offense cannot be considered, its irrelevant to the granting of a visa. He needs a visa due to it, but thats as far as it goes as he was under 18.

CountryGoose

USAVirgin wrote: »

It was the Sargent at the YOT who has insisted that it goes to Court as the CPS said to just give him a Final Warning, so have been advised to just sit and hold tight until matters take their own course.

Do you know how much notice you get re a Court date. My only concern is that we will be on holiday when the summons comes through and as the mail won't be opened until we get home (my son is staying elsewhere) he might have missed the date.

Many thanks

They try to get youth matters in court pretty quickly once the decision to go to court has been made. You could speak to the YOT to see if they have an idea of a potential court date.

At 17 he doesn't need an adult with him, but it is always better if someone does attend - any relative is good. It will also be good mitigation that he has blown the chances of a holiday.

I can't stress too much that a Referral Order is a final, final chance. It is "spent" on completion and your son can walk away from most, though not all, disclosure requirements. Any further offences and he will get a record that needs to be disclosed.

USAVirgin

CountryGoose wrote: »

They try to get youth matters in court pretty quickly once the decision to go to court has been made. You could speak to the YOT to see if they have an idea of a potential court date.

At 17 he doesn't need an adult with him, but it is always better if someone does attend - any relative is good. It will also be good mitigation that he has blown the chances of a holiday.

I can't stress too much that a Referral Order is a final, final chance. It is "spent" on completion and your son can walk away from most, though not all, disclosure requirements. Any further offences and he will get a record that needs to be disclosed.

Hi CG, is there a period of time of the offence that he has to have a Court date? And if so and it passes could it then be thrown out of Court. I only ask this as there was an article in the local press where a young lad (although I think he was over 18) looked like he was going to walk free for keeping indecent photos on his pc, as the police hadn't got the required documents to the Court within a certain time frame and therefore the case would be thown out.

My Father-in-Law will go with him if we are away, but my real concern is that the letter would come whilst we are away, more than the fact that there would be nobody there for him. It is a good point you make on him missing a 'holiday of a lifetime' as his mitigation - I wouldn't have even considered that, so thank you.

whatajoke2

I don't think the mitigating factor of him missing the holiday of a lifetime works as an excuse for the original offense that made him miss the holiday.

martindow

whatajoke2 wrote: »

I don't think the mitigating factor of him missing the holiday of a lifetime works as an excuse for the original offense that made him miss the holiday.

No, it's like the story of the man who had murdered his parents asking for mitigation on the grounds he was an orphan.

CountryGoose

USAVirgin wrote: »

Hi CG, is there a period of time of the offence that he has to have a Court date? And if so and it passes could it then be thrown out of Court. I only ask this as there was an article in the local press where a young lad (although I think he was over 18) looked like he was going to walk free for keeping indecent photos on his pc, as the police hadn't got the required documents to the Court within a certain time frame and therefore the case would be thown out.

My Father-in-Law will go with him if we are away, but my real concern is that the letter would come whilst we are away, more than the fact that there would be nobody there for him. It is a good point you make on him missing a 'holiday of a lifetime' as his mitigation - I wouldn't have even considered that, so thank you.

Sorry - missed this.

Normally they have six months from the date of the offence to "lay an information" in the Magistrates court. This has recently been enhanced with the additional power of a prosecutor to issue written charges and requisition a defendant to answer the charge. I'm assuming (but haven't checked) if the same time limits apply to the new process.

CountryGoose

whatajoke2 wrote: »

I don't think the mitigating factor of him missing the holiday of a lifetime works as an excuse for the original offense that made him miss the holiday.

No - it is sentencing mitigation. In a sense he has already been punished by not being able to go on holiday.

CharlesCooper222

Not sure if my response means anything now but anyhow...

Do not lie on any forms - doing so is regarded as more serious than the crime of possession itself.

However, possession means automatic expulsion from the USA and an end to visa waiver. The long term solution is in the form of a 10 year visa and a case has to be made for it to be granted. It isn't a matter of walking into the Embassy and getting one. Most people use lawyers who specialise in this area to do it for them.

That said, your son will almost certainly be granted a visa eventually, though not necessarily immediately - and its not for me to speculate here on when might be a reasonable time span. It might be a week or it might be 2 years - it's a discretionary thing - which is why the application for a visa has to be done properly.

You should know however that if you mislead the authorities in any way now it will damage his visa application for a very long time to come.

Drugs offence information is shared between the USA and UK, so if your son has a conviction, the US will already know about it. So don't lie.

Do speak to the US Embassy if possible but Don't sign any forms unless you really must. They will put everything on record, even stuff you may wish later that you hadn't said...

So you might have a screw up for this holiday, you may not. Either way, it isn't the end of the world.

The Americans are a pretty forgiving lot.

gordikin

CharlesCooper222 wrote: »

...The Americans are a pretty forgiving lot.

Tell that to Gary McKinnon!