Court Forum - Ask a Lawyer & Get Legal Advice  

Lawyer Maps
Lawyer Search Database
Bankruptcy
Bankruptcy Information
Reno & Artura
Long Island Lawyers
Domain Names
DOMAIN REGISTRATION
Nassau Suffolk Law
Long Island Lawyer

Welcome to CourtForum.com and CourtForums.com | Discuss Case Law, Legal Issues and Court Cases

Go Back   Court Forum - Lawyer Forum & Legal Advice Forums > Criminal Court, Penal Law & Convictions

Criminal Court, Penal Law & Convictions Criminal law is distinctive for the uniquely serious potential consequences. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction.

Welcome to the Court Forum - Lawyer Forum & Legal Advice Forums.
You Are Currently Not Logged In: Click here to register to use this site (FREE) or Click here to read our welcome message

Reply
 
LinkBack Thread Tools Search this Thread Display Modes
Old 08-09-2005
Junior Member
 
Join Date: Aug 2005
Posts: 1
Rep Power: 0
worrisome wife is on a distinguished road
Default 18 year old warrant...

Arrested on 18 year old warrant...

--------------------------------------------------------------------------------



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
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 08-10-2005
Senior Member
 
Join Date: Jun 2005
Location: India
Posts: 184
Rep Power: 4
drsbanerji is on a distinguished road
Angry Bad luck!

Quote:
Originally Posted by worrisome wife
Arrested on 18 year old warrant...

--------------------------------------------------------------------------------



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.
Good Luck!
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Domain Names Sponsor
Buy Domain Names
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Warrant Problem matt25 Charges Against YOU 0 11-01-2006 04:06 AM
Warrant problem matt25 Ask A Lawyer 0 11-01-2006 04:05 AM
Outstanding warrant sincity1965 Charges Against YOU 1 01-24-2006 01:12 AM
Is this illegal? forsake Ask A Lawyer 0 01-12-2006 03:21 AM



If you are a Lawyer, Attorney, CPA, Accountant, Judge, Court Officer, Security Guard, Private Detective, Forensic Specialist, FBI Agent, Police Detective, Crime Scene Investigator, Police Officer, Sheriff, Bounty Hunter, Auditor, IRS Agent, County of State Official, or any other knowledgable legal, law, or other professional serving the public good, please register and help answer the many questions from our visitors and members. This public forum does not substitute legal consult, and is only for those looking to reach others who enjoy discussion on these topics. For entertainment purposes only! * PLEASE READ NOTICE BELOW


Members of CourtForum.com and CourtForums.com Discuss Issues Involving Law and Crime, Join Today!

An Important Note About CourtForum.com and CourtForums.com

*NOTICE*: Please take notice that this is a public forum within which to discuss legal issues and concepts with other members of the public. This forum is designed for entertainment purposes only, and the communications had hereon are not necessarily factual or accurate and, if opinion, are not necessarily the opinion of the owners and operators of the forum. This forum is not designed to provide legal advice. Should a party claim to be an attorney or otherwise provide legal advice, and should you take action or incorporate such legal advice on your own behalf or the behalf of a third party, you acknowledge that you do so at your own risk. If you do not agree or accept the above disclosures please immediately exit the service.


This site made possible by Searchen Networks Inc., The Law Offices of Reno & Artura and Pollack Cooperman & Fisher P.C.


Powered by vBulletin® - Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.2.0 ©2008, Crawlability, Inc.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21