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Author Topic: Bench warrants, and how an Italian citizen got in trouble in the USA.  (Read 178653 times)
Falconeer
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on: October 22, 2010, 04:01:35 AM

This is a long story, boring I guess. I am at a loss as my American friends are being ridiculously unhelpful. I am worried, hurt, and confused.



What did I do?

Last August me, two girlfriends and a guy photographer went to the Arb, a large green area in Ann Arbor, Michigan, which looks public but belongs to the University of Michigan, for a naked photoshoot. We went early in the morning, to avoid people, and we crossed a large but shallow river to get on the other side of it, which is kind of wild and easy to hide into. The girls were posing naked, the photographer was doing his job, I was just hanging around.

At some point we noticed a group of young boy scouts on the other side of the river. The river is wide not less than 150 feet, so they seemed distant enough and we were all partially covered by foliage. We thought they didn't see us.

After 30 minutes a police car shows up on the other side of the river, same spot where the boy scouts were. Two cops are clearly looking our way, hard to say if they can see us. We freeze, but after about one minute they leave. The girls cover up, and we leave in a rush. We ford the river back and on our way out of the park (so basically like 20 minutes after the cop car showed up) they intercept us on our way back.

They ask what were we doing, we say it without hiding anything: "artistical photos" for an art project at U of M. Do we have authorization from the University? No sir. They immeditely confiscate the photographer's cameras and lens and then provide to identify us all. They don't ask who was naked and who wasn't or who was doing the photos and who wasn't, so we assumed they got those informations from what they saw themselves and what the chief scout reported them (yes, he's the one who called the cops reporting naked chicks in the park). They BAN us from the park and tell us we will hear from the prosecutor soon enough. That is all, we are free to go.

They acknowledge I am not American, they don't ask if I am planning to stay or not, they only ask where they can find me and we give them the address of the girlfriend I am staying at. They write down my credentials using my Italian driver's license, so I assume they have all my correct and complete informations, address and name.

Ten days later I leave the country as planned. At that point no one of us had heard nothing from the police or court.



What happened after that?

I've been incredibly naive. I am so mad at myself for this. Me and my friends talked about it. I was worried and even more so worried of being charged something I couldn't face, as I was going back to Italy. They told me I knew nothing of the US legal system and I had nothing to worry about since I was doing nothing so they certainly wouldn't have cared about me. I objected that they didn't necessarily saw what was happening, and for all they knew I could have been a model too, or a photographer so I was reasonably worried but I've been told so many times that I was worrying about nothing, and almost mocked for trying to (according to them) get street cred for it that I dropped the ball. I left for Italy without thinking about it anymore.

After a while, my friends talked to their lawyers and at some point they had to face a judge for 5 minutes where they pleaded themselves as innocent.

I asked my friends to ask their lawyers about my position, but they told me their lawyers said I had nothing to worry about as if I was supposed to show up I would have received a notification for that. So, if I didn't receive anything it was clearly a sign that the prosecutor was not interested in me, as he/she probably realized I was doing nothing. I was wondering if it was a good idea to just wait idly, not even knowing if they can "summon" you from another country, but again  let it go as these friends seemed super cool about the fact that I was fine.

Once again, I trusted their "knowledge" and words, and did nothing.



The Bench Warrant

Out of the blue, the friend informs me via IM that apparently there is a bench warrant to my name, as I didn't show up in court. I freak out.

A few facts:

- I asked who told them that, and they say "their lawyer".
- I asked how do the lawyer knows, and they say "he got a police report".
- I ask to send me a copy of the police report as I need to know what am I charged for, and they tell me "we don't have the report, only our lawyer has it and he read it to us on the phone".
- I ask can I call your lawyer so he will tell me in details what does it say about me, and they tell me the lawyer is on their payroll so they are afraid he would charge them for my call, but that it's pointless as apparently I am mentioned on the reports as an "Italian woman" (??!?) and m name is crooked. so I shouldn't worry as they fucked the reports up and that means I am gonna be ok.
- I ask them what name am I reported with and they say don't know, the lawyer only briefly mentioned that on the phone and apparently didn't explain much about this "Italian woman".
- I ask again and again to have more info about this thing, as I don't think that being confused for someone else is eventually gonna help my case, since they could have messed up a part of the report but they certainly have my real ID number so it shouldn't be too hard to fix the messup, but I got told that I'm freaking out over nothing, they can't touch me in Italy, they have the wrong person's name, and that I was doing nothing anyway so I will end up being clean.

And still, when asked about my situation, this lawyer told them that I will be fine, as long as I stay away from Michigan. And I shouldn't try to get in the country as I could be held at border control as my name would show up along with the warrant (not to mention the charge is potentially a "sexual" charge).

So I freak out even more. I ask for more information, I ask to talk to their lawyer, I ask to have the courthouse phone number to call them and explain I knew nothing but I have the goodwill to fix this, I ask for any phone number I could get to help my case and clear my name, including the police phone number and the cops who busted us (they gave us a business card back then) or eventually face what I am supposed to face, as I DO PLAN to go back to Michigan and last thing I want is to be bounced back at the airport, or to be held in custody as soon as they check my ID.

And again, and so far, I got no help from these friends. They keep saying I am freaking out over nothing, they don't know much tehmselves, that I should just wait for their lawyer to talk to the prosecutor for THEIR (not mine) pre-trial thing on november 2nd (their lawyer is not gonna talk about me to the prosecutor, is he?). They keep saying "they are not looking for you, a bench warrant is a very passive thing", but seems to me they are not realizing what my problem is: problem is, being allowed to fly back to Michigan without risking of being bounced back at the airport, or worse, to be held in custody or something during one of my brief visits.

They even keep saying that "You are ok since you didn't get a notify due to their mistakes, so how could you showup? You did nothing wrong". Which I agree with, but since the bench warrant has been emitted, I don't think they are eventually gonna let me in the country based on "hey, it's your fault!". They are eventually gonna enforce it, and THEN later see if I had good reasons. Am I wrong?

How the hell am I supposed to keep cool knowing that I can't go back in the US? Am i really freaking out over nothing? Please, tell me.


To make things more fishy, I received yesterday the notification of a letter from the Italian post office. Means I have to go there and sign upon showing ID to get it. Problem is, the address is my address, but the first name is wrong, it's a FEMALE name (no one else with my last name in my building, in fact it's a pretty rare last name). So, I go to the post office, I explain my reasons, and they understand but can't give me the letter as the name on my ID doesn't match the name on the envelope. They show me the envelope and it is from "Italian Police department of Immigration". What do you think it is?!? And I cannot get it! They won't give it to me.

Now, questions:
- is the name mess helping my cause as I didn't show up because I wasn't properly notified?
or
- is the name mess hurting my cause as I didn't show up, period (and then eventually I'll be cleared for that later on)?

More realistically, how much can I do to clean the mess up from Italy, and have the bench warrant removed and changed into a non-hostile "invitation" to show up?
What should I do, at this point, considering all the mistakes and the lack of informations, and the mess up, to make sure I can get into the US without problems and eventually facing my charges without being "held" for it, and how likely is for a bench warrant to show up at border control and prevent me from getting in the country?

What the hell should I do? Who should I call, to prove my goodwill to clear up the mess up, and explain why I wasn't there? Should I get a lawyer in the US? should I get a lawyer over the phone? Should I call the prosecutor myself? I am lost.

Sorry for the confusion. I could really use ANY kind of help here.  swamp poop

Falconeer
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Reply #1 on: October 22, 2010, 04:46:50 AM

I just received this from one of the friends:

Quote
Drew, this will be cleared up WAY before January. The idea that this will go away if you lie low for a minute is based on the fact that we are currently trying to take care of this, and will deny any active participation on your part, and as soon as the case is dismissed or closed, your warrant will be dropped.

Again, the police reports have your full name / f / Italy. They are not looking for you regarding the case, as far as I understand.

Should I trust it?

Sheepherder
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Reply #2 on: October 22, 2010, 05:34:21 AM

They are eventually gonna enforce it, and THEN later see if I had good reasons. Am I wrong?

I'm not a lawyer, but I would guess your gut instinct here is right.
Zaljerem
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Reply #3 on: October 22, 2010, 06:20:23 AM

You should definitely consult a lawyer. Well-meaning friends are well-meaning but the legal system is a maze of clusterfuckery, usually only successfully navigated by paying some shyster too much money to schmooze with the right people and craft the correct sounding legal phrases for the paperwork.

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Krakrok
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Reply #4 on: October 22, 2010, 06:24:32 AM

I am not a lawyer.

What I found on the interweb so far says your friends (and probably you as well) are probably charged with "Indecent Exposure".

You probably have a bench warrant against you for "Failure to Appear"/"Contempt of Court". There doesn't appear to be statute of limitations on bench warrants (it won't just go away).

If you fly into Michigan on an international flight you will probably be arrested.


You could contact a lawyer before their trial date or you could wait until after it and see if the issue was resolved first.

Here was a link to find a Michigan laywer:
http://www.michbar.org/generalinfo/libraries/findlawyer.cfm

Edit:
You could also try contacting the Italian consulate in Michigan.

Consolato di I classe d'Italia in Detroit

535 Griswold - Buhl Building, Suite 1840
Detroit, Michigan 48226, Stati Uniti d'America

Tel: (313) 963-8560
Fax: (313) 963-8180

E-mail: inform.detroit@esteri.it
« Last Edit: October 22, 2010, 06:35:51 AM by Krakrok »
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Reply #5 on: October 22, 2010, 06:29:38 AM

Just never go back to Michigan awesome, for real

Unfortunately every one on this site who is a lawyer won't be able to give you advice (liability purposes), so I suggest you consult with a lawyer in Michigan. Try and find one that won't try to charge you just to figure out if you have a problem.
NowhereMan
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Reply #6 on: October 22, 2010, 06:36:55 AM

OTOH the name on the warrant isn't his (and is even female) so maybe he can get away with just ignoring it and pretending not to know who this mystery woman is if he's ever stopped by the police awesome, for real

Alternatively talk to a lawyer, possibly get in touch with your friend's lawyer or ask if they can recommend anyone who could help you and try to sort it before flying back into the US.

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Pennilenko
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Reply #7 on: October 22, 2010, 07:36:17 AM

Since all the good advice is to call a Michigan lawyer. I'm going to comment on you coming to the US and scoring a ringside seat for an awesome photo shoot. I would definitely say it was worth it you Italian player.

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Reply #8 on: October 22, 2010, 09:05:28 AM

I would really not ignore it given that it involves a sex crime and a child. While the notion that this is a sex crime against a child is absolutely ludicrous, the US isn't really living in the real world. Also, the boy scouts in the US are a right wing organization with heavy religious aspects and the leader or parents may be pushing this from behind.

If you can read this, you're on a board populated by misogynist assholes.
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Reply #9 on: October 22, 2010, 09:28:08 AM

Once you get this sorted out, rule of thumb in the USA: Don't do nude photo shoots in a place where people could possibly catch sight of boob or rump or sausage. You could beat the shit out of someone right next to a lot of people and no one would do much but go about their merry business, but the second some nekkid flesh shows up it is OMG TEH CHILDRUNZ.

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Reply #10 on: October 22, 2010, 09:41:29 AM

Get your own lawyer.

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Reply #11 on: October 22, 2010, 09:52:11 AM

Get your own lawyer.

And also some non-braindead friends.

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Soln
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Reply #12 on: October 22, 2010, 10:26:41 AM

Get your own lawyer.

spend the money and get this sorted out now.  Don't assume anything positive. 

If you ignore this warrant it will very probably only get more expensive to resolve in the future.
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Reply #13 on: October 22, 2010, 11:06:45 AM

We'd need to see copies of the pictures before we can give any good advice on how to proceed.
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Reply #14 on: October 22, 2010, 11:19:46 AM

We'd need to see copies of the pictures before we can give any good advice on how to proceed.

This.

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Reply #15 on: October 22, 2010, 11:25:55 AM

Get your own lawyer.

This

My Bullshit detector went to overload

How good are these friends? How well do you know them?

Female Name on warrant?  
Was the initial the same as your first name?  
Did the cops only take the initial?
Have your "friends" Named YOU as one of the women in the photos and basically blamed you as the person who was exposing themselves to a minor?
Maybe the photos didnt come out and they name YOU as the only model
You need to see the court papers and that means

Get your own lawyer.
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Reply #16 on: October 22, 2010, 11:27:13 AM

Get your own lawyer.

You should macro this if you haven't already, Ab. It might save you some time in the general forums. Possibly put it in your sig?

Also, "Ok then, good luck with that."

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Reply #17 on: October 22, 2010, 11:32:10 AM

Get your own lawyer.

You should macro this if you haven't already, Ab. It might save you some time in the general forums. Possibly put it in your sig?

Also, "Ok then, good luck with that."

That was a magic bit of happiness, that.
SnakeCharmer
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Reply #18 on: October 22, 2010, 11:45:44 AM

Get your own lawyer.

And possibly go the American consulate in Italy and see what they recommend.

Here's the thing...

All of the worlds major background checks/visa/etc are starting to slowly get integrated.  Interpol, FBI, etc.  You run the risk your issue in the US being uploaded to the system and picked up by Interpol (or some other) and being denied/arrested when your data is run before they allow you into the country.  If you fly, the airline uploads a pax manifest to the airport, and you're 'prescreened' before you arrive.  When you arrive and go through their Customs, when they scan your passport you might get flagged.

Get a lawyer.
NowhereMan
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Reply #19 on: October 22, 2010, 01:34:12 PM

All of the worlds major background checks/visa/etc are starting to slowly get integrated. 

Actually that's a really good point. This isn't only a problem if you're going to be going back to the US, an active warrant could end up being an issue if you want to use airplanes ever again.

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Lantyssa
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Reply #20 on: October 22, 2010, 01:44:41 PM

You could also try contacting the Italian consulate in Michigan.

Consolato di I classe d'Italia in Detroit

535 Griswold - Buhl Building, Suite 1840
Detroit, Michigan 48226, Stati Uniti d'America

Tel: (313) 963-8560
Fax: (313) 963-8180

E-mail: inform.detroit@esteri.it
Do this.

They'll have a better cultural understanding of both sides of this issue, and can if necessary, direct you to a lawyer who can make sure that you are protected and represented.  Your friends might mean well, but they're paying the lawyers to handler their case, not yours.

Hahahaha!  I'm really good at this!
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Reply #21 on: October 22, 2010, 02:17:36 PM

Once you get this sorted out, rule of thumb in the USA: Don't do nude photo shoots in a place where people could possibly catch sight of boob or rump or sausage. You could beat the shit out of someone right next to a lot of people and no one would do much but go about their merry business, but the second some nekkid flesh shows up it is OMG TEH CHILDRUNZ.

No kidding!  I miss Europe with the go take a shower with the girls music fests.

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Reply #22 on: October 22, 2010, 02:20:33 PM

This is so depressing.

First of all, let me thank you all. Some of the info here are precious, and somehow I feel supported. I'm emo enough to feel better by sharing with a bunch of secretly caring cynical bastards. So thank you, f13. That said, my friends are more than friends. Lovers, partners... and naive beyond reason. As I said, I am mad at me for knowing this and still trusting them. I guess somehow I topped their naïveté and I can probably only blame myself for that. Still, fuck. I know I would have been more helpful so, of course, that makes me feel a bit betrayed and totally pissed off. Ah well.

Tomorrow I'll call the consulate. Seems like the most reasonable thing to do. Getting a lawyer from here seems overly complicated for now and if that is what I need I am sure the consulate will be able to point me in the right direction.


A few answers:


Female Name on warrant?  
Was the initial the same as your first name?  
Did the cops only take the initial?


I guess what happened is that since I have three "first names", the cops only took the initials. I don't know this, I can only assume it. Then they wrote the report in a messy way and since my role in the photoshoot was unclear whoever transcribed it decided I was one of the models, especially cause on my driver's license (the ID I provided when they got us) gender is not specified. The cops who busted us know I am a man, but I guess they passed the paper to someone else who mixed it up somehow. I guess the fact my name is gender-ambiguous didn't help.



Have your "friends" Named YOU as one of the women in the photos and basically blamed you as the person who was exposing themselves to a minor?

No way. First of all, my friends never talked to anyone. They only saw a judged who asked if they pleaded guilty or not-guilty. The paper that lists me as a woman is, apparently, the police report from when they got us. Second, despite being kind of idiotic about this, they are more than friends. No way, or reason, to backstab me.
Finally, no one exposed herself to minors. Minors were 150 feet away on the other shore of a river and when we noticed they were kind of staring in our direction (believe me, they had to look hard for us, the girls froze and tried to cover themselves until they left (for good, we thought). I was dressed all the time and while I took some casual side photos with my personal 100$ digital camera, no one ever mentioned that. The cops confiscated everything from the photographer, but showed absolutely no interest in me when they took our IDs, didn't look in my pockets and so my camera and its photos simply don't exist.



Maybe the photos didnt come out and they name YOU as the only model

The real photos did come out. The prosecutor has it and I am in zero of them. Actually the photos are the main defense point of my girlfriends, as they are gonna use them to prove the "artistic value" and the absolutely non-sexual nature of it.



You need to see the court papers and that means get your own lawyer.

Yeah. What pisses me off is that I would feel so much better if I could simply contact one of their moronic lawyers and have the fucking paper read out loud to me on the phone. Sounds like a 3 minutes thing. I don't understand how can that be so complicated.



And finally:

Quote
We'd need to see copies of the pictures before we can give any good advice on how to proceed.

Ha. Once the whole story will be happily over, I'll post them on the place where they were supposed to be posted, and I'll give you linkies. It's art, isn't it?

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Reply #23 on: October 22, 2010, 03:44:29 PM

I told my wife about this (attorney) and she said the same - it's likely that they don't have anything on you, but nonetheless contact the embassy in Michigan.  You don't want to be picked up out of the blue 20 years for this. 
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Reply #24 on: October 22, 2010, 04:00:41 PM

Also for future reference, Americans are prudes about being nude.  Don't get naked (or participate in a shoot) anywhere that isn't a home with drapes drawn, a modeling studio, or a nudist colony.  Or invite them to Europe for such shoots.

Hahahaha!  I'm really good at this!
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Reply #25 on: October 22, 2010, 04:13:25 PM

I suppose that also holds for smoking cannabis?   Sad Panda
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Reply #26 on: October 22, 2010, 04:37:54 PM

Also for future reference, Americans are prudes about being nude.  Don't get naked (or participate in a shoot) anywhere that isn't a home with drapes drawn, a modeling studio, or a nudist colony.  Or invite them to Europe for such shoots.

Thing is, they did it before. Same place, and many others. Of course this means shit now, as the time you are gonna remember is the one when they busted you, but everyone was confident it was gonna be ok cause, you know, "haha, don't worry! This place is very liberal you know? Of course it would be different in Alabama, but here it's ok. No one is gonna have a problem with that!"   awesome, for real

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Reply #27 on: October 22, 2010, 04:55:11 PM

Actually you'd be better off naked in Alabama. As long as you painted yourself Crimson first.  why so serious?

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Reply #28 on: October 22, 2010, 04:56:41 PM

Your friend's lawyer has no interest in helping you, only his clients, your friends.  At some point their lawyer may decide "pin it all on the foreigner" to get his clients off and you'll have nobody protecting your interests.

So yeah, get a lawyer.

Also; if you're doing nudity in public in the US.  Look around first, THEN get naked.  If you see ANYONE else, don't do it.  Doesn't matter how far away they are.  We're Americans and breasts/ nudity are anathema.  Also, when you do it get it over quick. 3-4 mins tops.  Or else just do it in someone's house - with the curtains drawn - if anyone on the street can see you it'll still be a problem.

The past cannot be changed. The future is yet within your power.
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Reply #29 on: October 22, 2010, 05:11:28 PM

Well, photo shoots like this are meant to happen in specific scenic locations, and that's why we were in such a natural place. The guy is a professional and the theme of the shoot was "wood nymphs".
Also, we went there at like 7am and no one was around... for a while. Clearly, you (and everyone else) are right Merusk. I am surprised they were SO clueless and so naive. I would have known better than thinking it was ok to do that in a Roman park, but right there I was being mocked for being a carebear ( DRILLING AND WOMANLINESS ) and knowing nothing about Ann Arbor.

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Reply #30 on: October 22, 2010, 05:12:55 PM

Muck Fichigan

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Reply #31 on: October 22, 2010, 06:30:26 PM

Well, photo shoots like this are meant to happen in specific scenic locations, and that's why we were in such a natural place. The guy is a professional and the theme of the shoot was "wood nymphs".
Also, we went there at like 7am and no one was around... for a while. Clearly, you (and everyone else) are right Merusk. I am surprised they were SO clueless and so naive. I would have known better than thinking it was ok to do that in a Roman park, but right there I was being mocked for being a carebear ( DRILLING AND WOMANLINESS ) and knowing nothing about Ann Arbor.

Well here's your reality check. All our photographed naked people are confined to one specific valley in California.

However, we do have a top ten nude RV Parks. http://www.mademan.com/mm/10-nude-rv-camping-spots-america.html

 ACK!

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Reply #32 on: October 22, 2010, 07:36:03 PM

Michigan had a 'cussing law' up until 2002....  Beautiful state, but christ it's about as narrowminded as I've seen.
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Reply #33 on: October 22, 2010, 08:18:30 PM

Falconeer...

I wished you had asked in another year...then I'd be able to answer the question. As such...

1 - Get better friends
2 - Call your Consulate
3 - Call a lawyer
4 - Interpol won't be picking you up, as they're not actually cops with arrest authority...but they could theoretically hand the info to someone who can...in theory.

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Reply #34 on: October 22, 2010, 08:37:34 PM

Seeing how most scout captains are into little boys, I see why would they object to seeing naked female body in the distance.

Eternity is a very long time, especially towards the end.
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