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Toronto Threats Charges Lawyer

Uttering Threats charges can cause problems travelling to the United States

Those charged with Uttering Threats under Section 264.1 in Canada may find themselves inadmissible when trying to cross the US border even if they are not convicted by a Canadian court.

As most of our clients are students and educated professionals they are concerned about the impact being charged with uttering threats can have on their ability to travel to the United States. Just being arrested and charged for uttering threats (given a court date) can cause the accused to be denied at the border regardless of the outcome of the case.

Everyone who is charged with uttering threats will be fingerprinted and have their mugshot taken by the Police. This information is then immediately uploaded to the RCMP CPIC database which is the Canadian equivalent of the US FBI database. In addition to the accused's biological identification information, details about the offence such as the arrest date, charging police force, charges laid, and release conditions imposed will be stored in the database.

The purpose of CPIC is to unite all police information from all forces in Canada. Canada provides access to CPIC to all US Police Forces and US Customs and Border Protection (CBP).

Can the US deny entry to those charged and accused of uttering threats?

If the accused is not a US citizen the answer to this question is yes. Crimes of what the US considers evil intent are described as those of “moral turpitude”. Uttering threats is sometimes deemed to be a moral turpitude offence by US Customs and the Department of Homeland Security (DHS).

While the crime of Uttering Threats in Canada is codified differently than in most US States, and not specifically listed in the Foreign Affairs Manual as either included or excluded (the crimes listed in the Manual are not exhaustive, but meant to provide guidance), 9 FAM 302.3-2(B)(2)(b)(3) states that most moral turpitude offences involve the "intent to harm persons or things" and CBP often view uttering threats as consistent with this definition.

The Governing legislation is the US INA (Immigration and Nationality Act), which gives descretion to the border guard at the point of entry to determine admissibility. While there are some exceptions, such as if the maximum punishment for the crime is less than a year in jail (INA Section 212(a)(2)(A)(II)), Uttering Threats does not meet this exception because even if the Crown Attorney elects to proceed summarily the maximum punishment for utter threats is still 18 months in jail. In Canada, this is sometimes referred to as a "super summary" offence. In terms of US Travel, it clearly does not meet this exception.

If US Customs become aware at the border that you were charged with uttering threats they can deny you entry for it.

US Customs can become aware of the charges by searching the CPIC database or by asking questions to the traveller such as “have you ever been arrested before?”, “have you ever been fingerprinted before?”, “have you ever been accused of a criminal offence before?”. Many times these questions are asked after the US Customs agent has already checked the CPIC database and knows the answer is yes. They are testing to see if you will lie to them, which itself is sufficient to ban you entry.

What if the charges are dropped or I am acquitted?

This is certainly better than being convicted however does not guarantee you will not be denied. This is because the INA describes a traveller who has “admitted to committing” a crime as potentially inadmissible, regardless of being found guilty by a court or convicted. This is information is found in Section 212(a)(2)(A)(i) of the INA, which reads:

Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
...
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime

But someone told me it could only cause problems if I was convicted?

We are aware of the incredible amount of false information being given to accused individuals. This is why we provide the actual US legislation that states otherwise above. You can see for yourself that it clearly states "convicted of" OR "admits to". You don't have to take our word for it, you can read the actual US law yourself here at: https://www.uscis.gov.

Does this mean I will be denied entry if I try to cross the border?

Not necessarily. In fact there are many ways to reduce the risks of being denied entry into the US. The best way is to be proactive and informed from the beginning because once a person is denied they are red flagged and will always show up on the US Customs computer system as having been previously refused entry when they try to cross the border.

The best scenario is to avoid being denied entry in the first place

We routinely get calls from people who have already been denied entry, red flagged, and are looking to retroactively fix the problem. Of course, once you are denied there is no way to completely reverse these effects. Many of these individuals could have avoided these problems had they been properly informed and proactively prepared to begin with.

We ensure that all of our clients are properly informed and carry the necessary documentation to reduce the risk of being denied entry to the greatest extent possible.


Call us today.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with uttering threats in the Toronto area.

Have a skilled criminal lawyer who focuses on threats charges protect you and your future from the stigma and consequences of a criminal record.


    call us: 647-228-5969

    contact@torontothreatslawyer.ca


  call us: 647-228-5969

  contact@torontothreatslawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Upper Canada. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with US travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending an utter threats related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


         

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  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • US travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel
  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • US travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel