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Dad In Custody at US Border (From Canada)

Discussion in 'Immigration Issues' started by kaalirange, Aug 26, 2020.

  1. kaalirange3.0

    kaalirange3.0 New Member

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    UPDATE: So he is in custody there and we had to go through some loopholes to get him an American credit card with an American address so we can relay messages to him. I believe he will be bonded out tommorow. My cousin (much more familiar with this stuff and older) said the officer said he isnt charged with anything and that the bail could be close to 0 or even 0. Any advice here on out?

    UPDATE: Got a hold of him he is currently there. Was able to get him an American credit card with an American address on file so we could relay messages. My cousin is kind of handling it since he's just older and he said the officer told him he hasn't been charged with anything. I think he gets bonded out tomorrow and my cousin said that the bail should be close to 0 or even 0 if they cannot prove anything. I'm pretty sure illegal substances were found inside the trailer.

    Didn't realize there were 2 pages so I ended up retyping my original update thinking it wasn't showing and didn't process... until I found the second page! Sorry!
     
  2. mightymoose

    mightymoose Moderator

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    You will know more soon enough. Be patient for him to be released. His release does not mean his troubles are over. He will likely have to return to court at least a few times.
     
  3. kaalirange3.0

    kaalirange3.0 New Member

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    Yes seems like he will not be released today.. my cousin is trying to get a state attorney over there. He keeps telling me that state attorney would be just as good as a private one - to which I disagree. Hes currently gathering evidence and trying to get evidence of the other party loading the trailer with whatever illegal items they found. Really feeling scared and nauseous. Trying to keep it together for my family as they have just been crying and are honestly in shock.
     
  4. army judge

    army judge Super Moderator

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    It might be difficult, but take a deep breath and trust in your dad.

    If this isn't within his character, then the person/entity loading his truck loaded whatever contraband was found.

    Think about it, your dad's fingerprints aren't on the goods loaded, nor is his DNA, if he didn't do it.

    Your dad is simply a victim of a criminal enterprise, who preys upon innocent people to perpetrate their evil deeds.

    I suggest you wait for dad to return home, discuss the matter with him, hear his side of the story, and work with dad to define his next steps.

    For the moment, a public defender will do a great job defending an innocent person.

    Hang in there, wait patiently, be of good cheer, and this episode will soon be sorted out.
     
  5. justblue

    justblue Well-Known Member

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    Did your father report the theft of his truck to the police when it happened? How does your cousin plan to get all this evidence?
     
  6. kaalirange3.0

    kaalirange3.0 New Member

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    It is far from my Dad's character. He has always been against drugs and while it may just sound cliche he wouldn't even go near that stuff. I suggested to him to invest in weed stocks and he almost kicked me out of our house! Haha.

    Indeed he just picks up trailers (owns his truck) and drops them off. The safety seal was already on the truck and he simply picked up the trailer from his yard as it was dropped off by someone else and he delivered it. My cousin has his GPS showing he did not stop anywhere along the way to the border.

    I don't know what else we can do but I've been reading some grim facts about michigan's war on drugs and the sentences it can carry. Am I lacking faith right now? Yes. I beleive the judicial system will simply go on the basis of he should have known what was in his truck and therefore is his responsibility. How feasible is this? I'm simply a kid that does LIGHT law reading. What do I know lol.
     
  7. kaalirange3.0

    kaalirange3.0 New Member

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    The stolen truck was reported to police however as it was found by satalite it wasn't much of a big deal for them. It was roughly a week or 2 ago so I'm not even sure if that has anything to do with this situation. Damages were around 2K and my Dad just ate them up as there was really not much the police was gonna do. Have a video of the criminals and just the eyes of one as they were wearing a mask.

    My cousin has gotten gps data to show my Dad didn't make no stops. He's currently getting the same camera footage of when my dad got his truck stolen but a different time (yesterday I believe) to instead show my dad picking up the load. He said he called our local police to try and get the loading companies footage... I don't think they would hand it over without a subpeona and I'm sure they can just delete it or what not...
     
  8. army judge

    army judge Super Moderator

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    The fact that he's going to be released and allowed to return to Canada, rather than keeping him locked up should provide you with a modicum of solace.

    This just a simple mistake that will resolve itself rather quickly.

    Keep the faith, don't obsess, dad will soon return home.
     
  9. army judge

    army judge Super Moderator

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    You indicated that your father is being housed in the Calhoun County Jail.

    The Calhoun County Correctional Facility is located in the City of Marshall and was opened in 1994.

    I'm unsure if Battle Creek (a larger city) has a jail.

    Neither Marshall or Battle Creek is on the Detroit River or the Canadian Border.

    Battle Creek is in Calhoun County and over 125 miles to the west of Detroit on I94.

    Are you SURE you were told Calhoun County?

    Calhoun County Jail, 315 W Green St., Marshall, MI 49068
    269-781-0700
     
  10. kaalirange3.0

    kaalirange3.0 New Member

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    I think it is this one “185 E Michigan Ave, Battle Creek, MI 49014, United States” I’m sure. We received a call and then i called back on the jail number (not the one I received a call from as it was just automated). Was told he would call us back since i missed the previous call from him and so he did... we also got him an American credit card on file that lets us send messages etc to him. They did a charge of $15.

    thank you for your selflessness throughout all this.
     
  11. mightymoose

    mightymoose Moderator

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    The jail is likely the nearest ICE facility to hold those taken into custody at the border.
     
  12. kaalirange4.0

    kaalirange4.0 New Member

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    Yes but isnt bond really pointless in the grand scheme of things? He will still have the chance that he gets sent to prison for a minimum of 5 years... He also hasn’t gotten bond in 24 hours so that adds to our worries. We dont even know how much it might be and arent sure if we can even afford it.

    My dad is a visible minority that is constantly the target of hate crimes and just 2 months ago he was involved in a hate crime. I’m scared for him and dont want this for him and I know that this wasnt his doings.
    Sorry typed on mobile.
     
  13. mightymoose

    mightymoose Moderator

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    Your father's guilt or innocence will be determined in court if he is charged with a crime. Right now, according to what you have provided, he is not charged with a crime and is simply detained. What is happening with him is procedural. If this all happened just yesterday then it may take a day or two to sort out.
     
    justblue likes this.
  14. army judge

    army judge Super Moderator

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    The law is supposed to be blind.
    If a person is convicted of a crime, gender, race, religion, nationality, or any other such factors aren't used against or for the individual in question.

    What EXACTLY have you been told is the reason for your dad's detention?

    The Canadian Consulate provides legal advice, intervenes in private legal matters, or financial estate disputes; gets you out of prison; intercedes with foreign immigration officials to allow you to enter or exit a country; solves immigration-related problems such as overstaying a visa and applications for a visa to Canada or other countries.

    As a Canadian, he has the right to contact his Embassy or Consulate for assistance.
    You can contact one of them on his behalf.
    Your government will endeavor to do whatever they can to assist in his release.

    Arrest and detention - Travel.gc.ca

    Consulate General of Canada in Detroit
    600 Renaissance Center, Suite 1100
    Detroit, MI 48243-1798

    Contact Roy B. Norton, Consul General
    Phone (313) 446 4747
    Hours Monday - Friday, 8:30 a.m. - 12:00 p.m., 1:00 p.m. - 4:00 p.m.

    Email: dtrot@international.gc.ca

    Web Site: Consulate General of Canada in Detroit, United States | Consulat général du Canada aux États-Unis à Detroit

    Web Site: http://www.canadainternational.gc.c...fo_importante.aspx?lang=eng&menu_id=66&menu=L

    Get emergency help and assistance Request emergency assistance - Travel.gc.ca with travel documents when travelling abroad (Canadian citizens only).
    Telephone: 1-844-880-6519

    Fax: (313) 567-2164

    Email: ccs.scc@international.gc.ca
     
  15. kaalirange4.0

    kaalirange4.0 New Member

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    He is likely to be charged correct? Probably with felonies that will give him a minimum of 5 years if convicted...

    I know this is such a stupid question and is so fact specific but it would kill me not to ask what his chances of being acquitted are? He is absolutely innocent, however, I feel as if it was his responsibility to check the truck etc... and they might get him for that...

    Safety seals were on - meaning he picked up the load with a seal that theoretically proves he never checked what was in trailer, just knew a general idea what he was carrying from his dispatcher based on his job description (legal items).

    @army judge
     
  16. army judge

    army judge Super Moderator

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    I have no idea if he'll be charged.
    His story sounds plausible to me, as you present it.
    I was a former federal prosecutor, and if this case were before me today (based upon your representations), I'd probably choose not to prosecute him.

    The best thing you can do is contact your consulate, using the details I provided above.

    A consulate official will actually visit him, if he's going to be held any length of time.
    The consulate will also make contact with you, the family, with what they discover.

    He's innocent today, and as far as we know, he hasn't been charged with a crime.
    In fact, he could simply be detained on a minor technicality, document error, etc...

    We just don't have enough information to to do anything but speculate.

    Get your Embassy or consulate involved, they'll get the answers you desire.
    That's why you pay taxes, isn't it?
     
  17. army judge

    army judge Super Moderator

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  18. kaalirange4.0

    kaalirange4.0 New Member

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    Sadly it’s not confirmed however I would assume that they are similiar... what does this change
     
  19. army judge

    army judge Super Moderator

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    Contact the consulate:

    Arrest and detention - Travel.gc.ca

    Consulate General of Canada in Detroit
    600 Renaissance Center, Suite 1100
    Detroit, MI 48243-1798

    Contact Roy B. Norton, Consul General
    Phone (313) 446 4747
    Hours Monday - Friday, 8:30 a.m. - 12:00 p.m., 1:00 p.m. - 4:00 p.m.

    Email: dtrot@international.gc.ca

    Web Site: Consulate General of Canada in Detroit, United States | Consulat général du Canada aux États-Unis à Detroit

    Web Site: http://www.canadainternational.gc.c...fo_importante.aspx?lang=eng&menu_id=66&menu=L

    Get emergency help and assistance Request emergency assistance - Travel.gc.ca with travel documents when travelling abroad (Canadian citizens only).
    Telephone: 1-844-880-6519

    Fax: (313) 567-2164

    Email: ccs.scc@international.gc.ca

    I believe they will be of some help to your family and your father.
     
  20. kaalirange4.0

    kaalirange4.0 New Member

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    My cousin just called them and left a detailed message as the person is currently not in office.

    I’m really scared to be honest. My dad has a a lot of payments and I start university at a really expensive university and I’m not sure how we can afford all this shit. If his truck especially gets confiscated there will be no income to support us. We all are at a loss for words.

    My dad also had a really wealthy property that had been receiving offers that was going to sell so he could pay off my university his truck etc.

    Financially we might be doomed and that might put us in a position where chances of acquittal are much lower. In the sense that we don’t have liquid cash. I know this is not a financial forum so I’m sorry.

    You have been great help and continue to be great help. I hope one day once I become a lawyer we could potentially meet and I could repay you for all that you have done.

    I will keep you updated.
     

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