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My boyfriend, father of my child, has two warrants for his arrest.One in the county that we live in.One is for non payment of a speeding ticket and the other is for missing a court date.The court date was for driving w/o a license, carrying **** paraphenalia, and revoked plates.The car did have insurance and the revoked plates was an error by the insurance.He is undocumented and we are documented.Can I get arreseted for “aiding” or anything?Will they take my child?Should he move for the safety of my family?He is not willing to turn himself in.Thank you in advance.
Asked on May 12, 2009 under Criminal Law, Nevada
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is possible that you can be arrested and charged with obstructing justice, or something like that, if you hide this man from the police, or if you lie to the police when they are trying to find and catch him. If you are arrested, then you would risk having your child taken into temporary custody by the child welfare people, and sometimes it can be hard to get your child back after that happens.
Nevada law, as it is available on the internet (and I am not a Nevada lawyer), appears to make people who harbor fugitives accessories, and punishable for the fugitive's offenses, only in cases of felonies or "gross misdemeanors," and none of your boyfriend's offenses -- the ones you know about -- appear to be that serious. But this can be very thin ice, especially where your child is involved.
I know nothing about immigration law, and I have no idea whether you are placing yourself at risk by letting an undocumented alien live with you -- or whether, if it is a problem, that could send you to jail or get you deported.
You should talk to a lawyer familiar with criminal and immigration law, or with a lawyer for each area of practice if you cannot find someone who does both. One place to find qualified counsel is our website, http://attorneypages.com