How could they....

[heaven12406]

How is it possible to bring up a charge from 6 years ago that wasn't discovered while the inmate was incarcerated for the last 4 years and it all of a suddens pops up when the inmate is about to be released. How did the system miss this?

 

[heaven12406]

In need of advice....

My jurisdiction is: Fairfax County VA

Okay here's the deal...I posted here before w/o any replies so I will, once again, try to give more detail about the situation.

My fiance, whom has been incarcerated for almost 4 years, was due to be released on October 27, 2008. On October 1, 2008 Fairfax County brought up charges from 2003. How is it possible to bring up charges from almost 5 years ago? I know that this is not against the law but what are the chances of the them winning the case? The charges that were brought back were
1. Manu w /ntent to dist
2. Driving while being an habitual offender
3. Failure to appear

I just can't understand why it never was brought back up after my fiance asked about in the beginning of his sentence. He was trying to get it over with but the state kept telling him that there were not any pending charges against him. Well now that he is being held by another county, he is not able to get a bond hearing; this is what the lawyer said. How can another county hold him in custody whenever his release date was today (October 27, 2008) and the charges that are against him are from Fairfax? Something just doesn't seem right to me. Can someone please answer any of my questions. I would so greatly appreciate it.

 

[seniorjudge]

On October 1, 2008 Fairfax County brought up charges from 2003.

What do you mean "brought up"?

 

[heaven12406]

First of all I would like to thank you for taking the time to read my post. Okay let me try this again, I'm not too knowledgeable about all this and alot of times I talk on this topic as if I'm taliking to myself....(does that make any sense?)

Well back in 2003 my fiance was charged with two of the three of the above charges. He never appeared in court, so that produced another charge. Okay years pass and in May of 2005, he was arrested on other charges and had charges pending in three other Counties including Fairfax. All the Counties had sentenced him except for Fairfax. In total he was sentenced 5 years and some months. All other counties agreed that he could conjoin all the time so he wouldn't have to serve such a lengthy sentence (which 5 years to me is pretty damn lengthy). During this whole ordeal he did ask if there were charges pending in Fairfax and the answer was always "no"....Okay, maybe he should have pushed a little harder for the charges to be "found" (don't know if I'm using the right term) but being the person that he was, he just left it as is.
Fast forward almost 4 years (time was reduced for good behavior), 25 days before his release date, somehow, Fairfax County "happened" to realize that he was never tried for these charges so they issused a warrant for his arrest. So here it is October 28, 2008 one day after his suppose-to-be release date, he is waiting to be moved to Fairfax so that he can get a bond hearing. This is really a screwy situation and I really think it unfair....
Please advice.
Thanks.

 

[seniorjudge]

Nothing you have posted indicates that Fairfax County did anything wrong.

 

[heaven12406]

You're absolutely right. It's not against the law but I just think it seems a little unfair. I just hope that the judge takes it into consideration that he has been incarcerated for 4 years, and has faith in the system that he has been rehabilatated....I do, but my opinion doesn't count.

 

[raskalnikov]

Your opinion counts. See if you can speak on your fiance's account if there ever comes a time.

 

[heaven12406]

Thanks ras....I will take into consideration.

 

[lawabidinmonkey]

Sounds like a mess, but, unfortunatly they do have the legal right to charge someone with "dead" charges. They are not going to look at those and say let by gones be by gones. They see those as look, we can hold him cause we are a**holes and its what we do best. I'm sorry for that, but try to talk to the lawyers and see if theres any deal you can make. Best of luck.