does the statute of limitations apply to failure to comply (post conviction)?

[djoldfield]

8 years ago I found myself in the unfortunate position of being charged with misdomeaner Domestic Violence for which there was no evidence (not even a victim to supply a testimony). Unfortunately, the cost of inocence was higher than the cost of guilt and I was forced to choose between not contesting (and serving a remedy ... CalTrans and such) and pleading not guilty and having to wait several weeks for a trial.

I plead no-contest, was awarded a bunch of retarded stuff to do and left the state. I am guessing there is still a warrant in SoCal, and would like to return, but I have no intention of serving a sentance for a crime that never occured. It would seem that after 8 years there must be a statute of limitations that would apply to this case, and a method of implementation. Any suggestions?

 

[army judge]

8 years ago I found myself in the unfortunate position of being charged with misdomeaner Domestic Violence for which there was no evidence (not even a victim to supply a testimony). Unfortunately, the cost of inocence was higher than the cost of guilt and I was forced to choose between not contesting (and serving a remedy ... CalTrans and such) and pleading not guilty and having to wait several weeks for a trial.

I plead no-contest, was awarded a bunch of retarded stuff to do and left the state. I am guessing there is still a warrant in SoCal, and would like to return, but I have no intention of serving a sentance for a crime that never occured. It would seem that after 8 years there must be a statute of limitations that would apply to this case, and a method of implementation. Any suggestions?

No, the statute of limitations does not apply to convictions.
It impacts prosecutions.
Yes, there is a warrant for your arrest in California.
You are probably considered an absconder.
Warrants never just go away.
You have to do something affirmative for that to happen.
Something like die, turn yourself in, get arrested, or stay the HECK out of California.
If it is a misdemeanor, more than likely California won't try to extradite you if your were stopped in Kansas.
But, if you were stopped in Arizona, near the California border, who knows?
Your absconder status is probably affecting your ability to get jobs or even unemployment benefits.
It won't just go away.
Maybe you should try to fix it, dude?

 

[djoldfield]

Thanks for responding. I had a hunch that it was something like that. I have to wonder if it might be worth hiring an attorney (now that I can afford one) to actually interact with this situation. Moreover, fixing this particular issue is like fixing an infection with an ice pack. The real problem is that they manage to get around the whole "needing evidence" issue by turning innocence and guilt into have money or don't have money. Please forgive my spelling, I am a programmer so I don't have to spell it correctly, I just have to spell it the same way . I wonder if there will ever be a way to force LA County to actually produce evidence that a crime occured before taking people's lives away... ??

 

[army judge]

Thanks for responding. I had a hunch that it was something like that. I have to wonder if it might be worth hiring an attorney (now that I can afford one) to actually interact with this situation. Moreover, fixing this particular issue is like fixing an infection with an ice pack. The real problem is that they manage to get around the whole "needing evidence" issue by turning innocence and guilt into have money or don't have money. Please forgive my spelling, I am a programmer so I don't have to spell it correctly, I just have to spell it the same way . I wonder if there will ever be a way to force LA County to actually produce evidence that a crime occured before taking people's lives away... ??

You should have stood up to them.
You didn't have to let them bully you into pleading guilty.
You should have made the state prove the case against you.
Instead, you let them wear you down and scare you into taking a plea.

True, some cow may have lied on you, but you gave yourself up, dude.
It is never too late to fix any problem.
In fact, waiting could have actually benefited you.

Talk with a lawyer and see what he/she says.
The initial consult is normally free.

 

[djoldfield]

You are deffinately right about all of the should-haves... but what good is proving one's innocence if one has no home or job to return to afterward? Anyway, the "Victim" wants to help me resolve this, because she blames them for us seperating. I suspect that you are correct about getting an attorney and fighting this. I just wish that I could do something to prevent others from having the same problem. Seriously... did you ever see the difference between what happens with people (charged with the same crimes) who appeared in front of the judge in Jail wardrobe and those who showed up on recognesence? Had I had the money for bail, they would not even have tried. They knew that they could hold me until I lost everything, so they chose the bluff. That has to stop.

 

[CdwJava]

The state had probable cause to make the arrest. Either someone saw you hit her, or she told the police you hit her. Whether she wants to be or not, the state can subpoena her to trial.

The warrant will never go away, it can prevent you from gaining good employment and limit access to public assistance and loans, and can generally be annoying when you contact cops who might decide to detain you in custody until they sort it out.

A lawyer can likely arrange for your surrender, but a new trial is highly unlikely since you have already been sentenced and the time to appeal has long since expired. If convicted of a misdemeanor for DV (likely PC 243(e)(1)) then you might do up to a year in county jail (unlikely to do that long, but possible) and receive probation.

 

[army judge]

You are deffinately right about all of the should-haves... but what good is proving one's innocence if one has no home or job to return to afterward? Anyway, the "Victim" wants to help me resolve this, because she blames them for us seperating. I suspect that you are correct about getting an attorney and fighting this. I just wish that I could do something to prevent others from having the same problem. Seriously... did you ever see the difference between what happens with people (charged with the same crimes) who appeared in front of the judge in Jail wardrobe and those who showed up on recognesence? Had I had the money for bail, they would not even have tried. They knew that they could hold me until I lost everything, so they chose the bluff. That has to stop.

You should have no contact with that VICTIM.

She is probably setting you up again!!!

She might say anything to get you back to California to have you arrested.

If she knows where you are, and a federal fugitive warrant has been issued (yes, the Feds can prosecute you and arrest you, too); the Feds may come to arrest you.

They don't need to extradite you.

They just need to hold an identity hearing (pursuant to Fed. R. Crim. P. 40 & 5.1) and establish that you are you the person named in the warrant and summarily take you back to California.

She screwed you once.

She will screw you again.

Be careful, very careful.

There could be sharks in the water looking for blood and meat!!!

That she-shark might not be through with you until it has devoured and destroyed you.

I've represented several defendants like you who were conned to return by vindictive females that wanted to punish them again.

They set them up.

Speak with a lawyer before you do anything.

You have the money.

Use it to stay free.

 

[djoldfield]

The state had probable cause to make the arrest. Either someone saw you hit her, or she told the police you hit her. Whether she wants to be or not, the state can subpoena her to trial.

The warrant will never go away, it can prevent you from gaining good employment and limit access to public assistance and loans, and can generally be annoying when you contact cops who might decide to detain you in custody until they sort it out.

A lawyer can likely arrange for your surrender, but a new trial is highly unlikely since you have already been sentenced and the time to appeal has long since expired. If convicted of a misdemeanor for DV (likely PC 243(e)(1)) then you might do up to a year in county jail (unlikely to do that long, but possible) and receive probation.

I have always entertained the possibility that she lied that night, though the claimed that she had not. There is an inherrent instinct in people that drives them to try to paint someone they are angry at in the worst possible light, and many people don't really make a distinction over the truth when they are angry. I can't say that she didn't deserve to be angry... but I suspect that if what she said was their justification for prossecuting then I doubt that more than 1% of the people that they convict of DV were actually guilty. That does not reinforce my confidence in the California Penal System.

I suppose I will breach my suspician... though it sounds an aweful lot like a "conspiricy theory".

No... my guess is that what the cop told me that night was true. He said that if an argument is overheard by the neighbors, someone goes to jail. Something about OJ Simpson... but he could have posted bail. I think that the more likely reason is that the Sherrif's department is taking a barely legal form of hostages in hopes of shielding their own impotency. The crime rate in Los Angeles is pretty high, so perhaps if they can get a high conviction rate... it justifies accidentally stepping on a few necks.

It is expensive to put people in jail, and there is no reason to have someone in jail for a crime that cannot be prosecuted. If someone is violent, then there is a victim and that victim has marks. I know, I have seen REAL domestic violence. On the other hand, the cost of living is high in Los Angeles, and a lot of people can barely afford their expenses. I was making $25/hour at the time and I couldn't produce $1000 to get myself out of jail. The excuse alone would cause most people nearly irreparable damage should they choose to contest the charge. It is easy enough to see who may have stashed money asside... because they aren't wearing hand cuffs and jail atire. I suspect that they hold people to "protect" the "victim"... and watch to see if they have enough money to bail out. If they do not, then they know that they don't have to really worry about the person's "rights" because the person cannot afford to excersize them. Even the ones who qualify for public defense (basically homeless people) are extended that option only after they have been in jail for a considerable amount of time.

This is not a conspiricy theory though. It is a series of facts with the only reasonable hypothasis attached to them. I must admit... my faith in my conclusion is such that if I ever found myself wearing an LASD uniform I would run and hide with embarrassment. It is really too bad that we do not hold our judicial system accountable for their actions, because it is not in place for the purpose of destroying lives while impotentaly evading actual criminals.

 

[djoldfield]

You should have no contact with that VICTIM.

She is probably setting you up again!!!

She might say anything to get you back to California to have you arrested.

If she knows where you are, and a federal fugitive warrant has been issued (yes, the Feds can prosecute you and arrest you, too); the Feds may come to arrest you.

They don't need to extradite you.

They just need to hold an identity hearing (pursuant to Fed. R. Crim. P. 40 & 5.1) and establish that you are you the person named in the warrant and summarily take you back to California.

She screwed you once.

She will screw you again.

Be careful, very careful.

There could be sharks in the water looking for blood and meat!!!

That she-shark might not be through with you until it has devoured and destroyed you.

I've represented several defendants like you who were conned to return by vindictive females that wanted to punish them again.

They set them up.

Speak with a lawyer before you do anything.

You have the money.

Use it to stay free.

That idea was not lost on me, but she had plenty of opportunities. Actually, she has equally selfish motivations for wanting to help (or perhaps more selfish). Among other reasons, I paid to free her of the same charge. Believe it or not, she was taken to jail twice on DV charges over the past few years, which were dropped when I posted her bail. Granted... I only did that because we have a daughter together... and therein lies her motivations. It is not a bad thing... but she wants help with our daughter. When she is calm, she is actually quite a wonderful person. When she is ... emotional... RUN! Our daughter is also my principal motivation for wanting to return.

 

[djoldfield]

AND... just in case this clarification is necessary... I am not going to live with her. I have a wife and two kids that are coming with me. I just want to return so that my daughter can spend more time with me and so that I can keep my X out of trouble. She can't really afford to live so I'll be close enough to handle any expenses that she cannot afford.

You should have no contact with that VICTIM.

She is probably setting you up again!!!

She might say anything to get you back to California to have you arrested.

If she knows where you are, and a federal fugitive warrant has been issued (yes, the Feds can prosecute you and arrest you, too); the Feds may come to arrest you.

They don't need to extradite you.

They just need to hold an identity hearing (pursuant to Fed. R. Crim. P. 40 & 5.1) and establish that you are you the person named in the warrant and summarily take you back to California.

She screwed you once.

She will screw you again.

Be careful, very careful.

There could be sharks in the water looking for blood and meat!!!

That she-shark might not be through with you until it has devoured and destroyed you.

I've represented several defendants like you who were conned to return by vindictive females that wanted to punish them again.

They set them up.

Speak with a lawyer before you do anything.

You have the money.

Use it to stay free.

 

[army judge]

AND... just in case this clarification is necessary... I am not going to live with her. I have a wife and two kids that are coming with me. I just want to return so that my daughter can spend more time with me and so that I can keep my X out of trouble. She can't really afford to live so I'll be close enough to handle any expenses that she cannot afford.

Just be careful, dude.

You sound like a responsible guy that took a bad fall.

She, on the other hand, has shown you bad and good sides.

Watch your back, dude.

 

[CdwJava]

You STILL have that nasty and inconvenient conviction (and related warrant) hanging over your head.

Before you start thinking about living arrangements, contact, and other stuff, you need to deal with the warrant and start serving your sentence. Your time to appeal has long since expired.

 

[army judge]

Some dreams are best deferred.

Acting on some dreams will lead to nightmare scenarios!

 

[djoldfield]

Some dreams are best deferred.

Acting on some dreams will lead to nightmare scenarios!

It may seem silly... but this is the first time I have really been fully confronted with the notion of judges being PEOPLE too. Most seem so oblivious to the impact that law has on lives, and seem not to realize that simply punishing the guilty is too idealistic a hope to wish for. Perhaps it is necessary to be a bit callus in order to make such decisions impartially, and perhaps the inclusion of sentiment would render the law more impotent than even I described it to be. Either way, your advice was helpful, but I appreciate even more what I have learned about you from your posts. I wish you all the best, Army Judge.

 

[djoldfield]

You STILL have that nasty and inconvenient conviction (and related warrant) hanging over your head.

Before you start thinking about living arrangements, contact, and other stuff, you need to deal with the warrant and start serving your sentence. Your time to appeal has long since expired.

Actually, the more I think about it... the more I like option 3. It would be worth my money to make this harder on the people who caused this to happen than it was on me over the years. Typically, I would prefer to think that whomever is right should win... but I have a different view now. Now I am half included to bail out people I do not even know and pay to fight their battles just to escilate the issue. In truth, you have inspired me, with all of your conviction and belief in the crappy form of law inforcement that your coworkers offer. I will unmake this system if I have to gain and loose fortunes in the process. I will be more hated by your peers than Rodney King, and even then I will not stop. Thank you for inspiring me

 

[djoldfield]

Actually, the more I think about it... the more I like option 3. It would be worth my money to make this harder on the people who caused this to happen than it was on me over the years. Typically, I would prefer to think that whomever is right should win... but I have a different view now. Now I am half included to bail out people I do not even know and pay to fight their battles just to escilate the issue. In truth, you have inspired me, with all of your conviction and belief in the crappy form of law inforcement that your coworkers offer. I will unmake this system if I have to gain and loose fortunes in the process. I will be more hated by your peers than Rodney King, and even then I will not stop. Thank you for inspiring me

if you haven't guessed... I am just making fun of you by being your polar opposite. I have better uses for my money (OBVIOUSLY). It does feel good to think about it though