Criminal Trials, Hearings Federal Hold?

[Priscilla123]

My grandma was arrested for presenting a fake ID to an officer, which they then realized the had a federal hold and kept her. The hold is from 25 years ago, when she was convicted and sentenced for a felony drug charge. She ran and did not serve her time. What is going to happen to her now that they have her? She is old and sick...is there a statute of limitations on this type of thing?

 

[mightymoose]

No there is no limitation. It seems she was already convicted. The statute of limitations has to do with the time the government has to bring charges against her, but that was already done years ago.
She should expect to spend at least a little bit of time in jail until she gets in front of a judge. It will be up to the judge to determine what to do with her at this point. If she has expensive health problems that might be good reason for them to kick her loose since they won't want to pick up the bill for her health care.
However- it was a felony drug charge... they might hold her for a short time. No way to tell... just gotta wait for court.

 

[Michael Wechsler]

I'm sorry to hear about what happened to your grandmother. Why would she present a fake ID to a police officer? I am assuming because she has been on the run for 25 years.

There is no statute of limitations on incarceration after you've been convicted and sentenced. If there was then everyone would be on the run evading the authorities until the clock ran out. That wouldn't make sense nor be fair. Nobody can tell you for sure what is going to happen. Might they reduce the penalty that could be imposed? Probably. But I don't know how much sympathy they are going to have for someone who wasted a great deal of the taxpayers' time and money trying to avoid serving her time that she owed to society. I highly advise you to seek counsel of an experienced criminal attorney. This is no ordinary case.

 

[Michael Wechsler]

. If she has expensive health problems that might be good reason for them to kick her loose since they won't want to pick up the bill for her health care. However- it was a felony drug charge... they might hold her for a short time. No way to tell... just gotta wait for court.

This is a good point. But you shouldn't expect to make a bare statement that she's ill and expect a walk. Get good representation, hang in there and see what may be arranged with a prosecutor and what a judge has to say at the court date.