Ohio.
The charges were 3 Felony 2s, Burglary. In that itself he could have been tried as an adult which would be 2 years for each charge, minimum. But he wasn't he was charged as a minor for various reasons. But with all the time that has past (alittle over a year) and them seeing the Deal he recieved (Probation, Sum odd hours of Community Service and Felony Classes.) I don't see how it can go back to square one... He has time served for these charges, thats impossible. Or do you mean he will have to go back to court again, thats what im thinking but I think all the old fact would still be in play and he will be given probation again if anything... if he was to go to court as an adult and given probation would the Felonies be on his ADULT records?? Maybe he should turn himself in now? Hmmmm....
Maybe he should turn himself in now.....
Ya think ? Best advice now is to get a bondsman, and go get an attorney on retainer, THEN go down and do the deed.
The most important thing here is:
GET A LAWYER. Take only HIS/HER advice, listen only to what HE/SHE tells you. I know you're just fishing for some comfort here, but this is probably the worst place to turn for legal advice. Now we can give OUR experiences with the "system", but that's all.
I hope that he realizes that he needs to avoid the law BEFORE he gets arrested, not after.
You have to into this with the idea of getting jail time. Especially given the severity of the original offense. The best I see you hoping for is a reduced sentence. I don't suppose he saved a busload of nuns from going over a cliff lately, did he? If I understand this correctly, nephew absconded. Thumbed his nose at the court. Gave them the big "Fuck you". Forget the fact that he was just a juvenile, and a dumb immature kid, he bailed out on a commitment to the court.
Kinda funny how a juvenile isn't responsible enough to make a legal decision, drink, vote, own a home, etc., but let him make a bad decision involving the legal system......
Most of the time, any jail time served while awaiting trial is given as credit for time served, but it goes out the window with probation. Now if he's previously served any time on this case as a result of sentencing, or spent time in jail at all due to this case, that jail time should apply to the new sentence
If he was convicted and sentenced while a juvenile, and received probation, in all probability he'll have to do some time, but will be sentenced under the juvenile sentencing guidelines. The probation was a sentence
IN LIEU OF jail. Screw that up, you finish your sentence
in the pokey (Hopefully not
AS the pokey) One of the best (worst for us) manipulations/perversions of justice is when they "withhold adjudication" and give you 5 years (or whatever) probation. You serve 4 years 364 days then get violated. They can bring you back into court, enter the withheld judgment and give you jail time like it the original hearing and probation never happened. I
really hope not, but it kinda sounds like that was what happened here. They trick your ass into taking the probation over jail (who wouldn't?) But they "gloss over" the possible ramifications if you fuck up. And
then they'll tell you they told you what would happen, and explained it thoroughly. You signed it, remember?
To answer your q tho...
Anything related to that crime will go back to the date of the offense, the age of the offender, whatever the sentencing guidelines were at the time of the original conviction, etc. If new guidelines were adopted since the conviction, they would not apply. Any conviction will be on his juvenile record for all that's worth. Juvenile records are referenced in court all the time. IF the juvenile completes the probation, and stays out of trouble until they turn 21, the record is usually sealed in most cases. This can be a bad thing as the record reflects arrest(s), but doesn't provide the details.
The longer your nephew draws this out, the worse it could be. Go in with a lawyer, and a bondsman, be really contrite in court and he should be fine. (or as fine as he could be under the circumstances) The more character witnesses you can muster and herd into court, the better. Police officers, Doctors, and Clergy all make top notch character witnesses. Once he bonds out, he needs to go do some volunteer work somewhere while he awaits sentencing, if there is a delay at all. Remember, he's already been convicted, they are bringing him back to be re-sentenced.
Good Luck!!!
Bgmike8
The statute of limitations applies to a crime that isn't solved. Say someone robs a bank. At that time, the sheriff issues a warrant for the "arrest of the perpetrator". If after 7 years (or whatever the states statute is) they haven't identified the perp, that warrant dies as a result of the statute of limitations. There are some offenses that do not apply, mostly being capital cases. If a warrant is ever issued in your name, it's usually there for life.
The statute of limitations
generally does not apply to a warrant issued that commences prosecution, and has a name on that warrant. There are a shitload of conditions that apply, whether or not they made a diligent effort to find you, etc. Now if they
knew where he was, and had numerous opportunities to serve the warrant but didn't, a good attorney can show that they declined to prosecute at the time. Prosecution must be vigorous and timely. They cannot just let a warrant sit around and wait for the most auspicious time to arrest you. End result, if you abscond, and after making a "diligent effort" to find you they cannot, the statute of limitations is paused. If you get pulled over, and that warrant comes up but they don't extradite or arrest you on it then and there, that would indicate to the courts that the state has declined to prosecute. As long as you can show that you were at the same address, haven't made an effort to hide your whereabouts, and can show that you have always been available for trial, and that the state did not make a diligent effort to find you, you will probably get off. But if the State can show that you were evading them even a little bit, you're screwed.
It all is inter-related to the right to a speedy trial, how long the defense has to prepare, how long the prosecution has etc.
3 years ago, I got picked up and spent 95 days in a Florida jail over a warrant for a bad check my cousin wrote 20 fucking years ago!!! (same name) Since I lived out of state, bond was so high, there may as well not have been one. I FINALLY see a judge, and they figured out they had the wrong guy, and what do they do? They tell me they are sorry, and put me out on the street in a pair of cut-offs and deck shoes. It was up to me to get back home to Ga. Yeah, I have a great lawsuit, but in all these years I have yet to find a cuttlefish lawyer that will take on the state.
Yeah, the legal system works just fine. I LOVE the argument "Yes, the system is flawed, but it's the best one we have" If it's flawed, then it isn't a JUST system and should be dismantled. Immediately. No waiting until a better one is in place. NOW!!!
What ever happened to "Better to have 10 guilty men go free than to have an innocent man spend one day in jail."?
