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08-09-2005
| | Junior Member | | Join Date: Aug 2005
Posts: 1
Rep Power: 0 | | 18 year old warrant... Arrested on 18 year old warrant...
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Hello, I need some advice, but bear with me, this gets a little complicated...
My husband was involved in a B&E in California when he was 16 years old. He was never arrested, never went to court, never saw a judge or spoke to an attorney. He didn't know that he had even been charged, let alone convicted, until he went to prison in another state for a completely unrelated matter. He did 10 years in prison in this other state. When he was released (he did his time flat, no parole) we got married, had children, and everything was fine. We recently moved to back to California. Today my husband was arrested because he had contact with the police (not for doing anything wrong) and they ran his name. Apparently the warrant is still good, and they want his to serve out his sentence, including a new charge of evasion for "fleeing the state", when he didn't even know he had been convicted.
Now, the question:
Is there any way that he can get time-served for his time in another state, and how can the state of California charge him with evasion if he never knew he had been charged or convicted in the first place?
Thank you in advance | 
08-10-2005
| | Senior Member | | Join Date: Jun 2005 Location: India
Posts: 184
Rep Power: 4 | | Bad luck! Quote: |
Originally Posted by worrisome wife Arrested on 18 year old warrant...
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Hello, I need some advice, but bear with me, this gets a little complicated...
My husband was involved in a B&E in California when he was 16 years old. He was never arrested, never went to court, never saw a judge or spoke to an attorney. He didn't know that he had even been charged, let alone convicted, until he went to prison in another state for a completely unrelated matter. He did 10 years in prison in this other state. When he was released (he did his time flat, no parole) we got married, had children, and everything was fine. We recently moved to back to California. Today my husband was arrested because he had contact with the police (not for doing anything wrong) and they ran his name. Apparently the warrant is still good, and they want his to serve out his sentence, including a new charge of evasion for "fleeing the state", when he didn't even know he had been convicted.
Now, the question:
Is there any way that he can get time-served for his time in another state, and how can the state of California charge him with evasion if he never knew he had been charged or convicted in the first place?
Thank you in advance | B&E is an offence for which a person can be held liable even if he or she was not aware of the charge.
I feel that a suspended sentence is the most likely outcome in the circumstances.
I suggest that your husband pleads with the Police not to proceed with the case. It appears that the Court process has not been completed. Should the Police insist on proceeding, then the plea for leniency should be made before the Judge and Jury.
Try to reason with the Police, failing which I can give a text of a statement that your husband can make in Court at the appropriate time.
My suggestions are based on the assumption that no conviction has taken place as yet. Correct me if I am wrong and provide a full text of any judgment that may have been passed.
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