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Another Statute of Limitations Question

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katem919

Junior Member
What is the name of your state? CA

THE SHORT VERSION: The subject in this case has a warrant in the state of CA for charges that were brought against her AFTER she had moved from CA in 1994. The jist of it is she was married with two children. She was receiving assistance for childcare reimbursement. Her case with Human Services was perfectly legit (they knew the husband lived in the home, etc.), EXCEPT that the mother-in-law was providing the childcare, and due to her own financial assistance with night school loans, refused to have her name on the paperwork. In order to continue receiving the assistance, the subject put the name of a friend of the family on the paperwork instead and signed the forms herself. The mother-in-law actually received all the funds, but knew the forms were being filled out by the subject. At the same time, the subject was suffering physical abuse at the hands of her husband. This went on for about a year with documentation from police reports and hospitals. In June of 1994, the subject moved from CA to the East Coast to be with her family and provide a safe environment for her children. Upon leaving, the mother-in-law contacted Human Services and reported the subject for fraud as "revenge" for leaving her son and taking the kids. The subject has lived on the East Coast for nearly 11 years now, does not receive any government assistance, and upon completing school, is working in a professional field. She has had her children with her this entire time, and further does not receive consistent child support from her now EX husband. She did not leave for legal issues, but because of abuse. In fact, the legal issues only came up AFTER she left.

There was an apparent court date for the subject to answer on these matters, but whatever was mailed to her home was sent after she left. She never received any court notices or dates, and was never formally served on these charges. She currently has a warrant, and the DA is constantly sending notices to family members stating that she needs to pay $6000 back to the state in order to have the warrants lifted. Here are my (many...sorry) questions).

1) Is there a Statute of Limitations under these circumstances?
*She never stepped foot in court on this, and it has been 11 years.

2) Could she have been charged in her absence?

3) If so, are these charges legal if she was not aware of this until years after the court date?

4) If she has been charged, how could paying a fine lift ALL warrants? Wouldn't the court still need her to answer for the charges?

5) Why was she charged with three felonies?
*The subject was charged with 1) Illegal Foodstamps, 2) Perjury and 3) Forgery. How is this possible? She did not receive foodstamps, only childcare assistance. She did not perjure herself, as she never appeared in court. She might have to at least answer to the forgery charge, but what about the rest?

6) Why is the husband not being asked to reimburse any of this amount?
*He was on the case, still lives in CA, and owes the subject about $70,000 in child support. CA has not seen fit to pursue the subject's child support, yet they spend so much time on this? Why? Shouldn't the husband be responsible for some portion no matter what? He was the primary head of household on that case.

7) Does she still have the right to a trial if the Statute of Limitations does not protect her?

8) Are these charges likely on her criminal record?


ETA - Thanks in advance for taking the time to answer my lengthy thread. Your expertise is MOST appreciated!
 


S

seniorjudge

Guest
1) Is there a Statute of Limitations under these circumstances?
No, the SOL stopped running when the charges were filed.

2) Could she have been charged in her absence?
Yes

3) If so, are these charges legal if she was not aware of this until years after the court date?
Yes

4) If she has been charged, how could paying a fine lift ALL warrants?
If the court wants fines instead of her, that would clear it up.
Wouldn't the court still need her to answer for the charges?
Yes

5) Why was she charged with three felonies?
No one can answer that except the prosecutor.

6) Why is the husband not being asked to reimburse any of this amount?
Who knows? But, the government does not have to charge everyone involved in a crime.

7) Does she still have the right to a trial if the Statute of Limitations does not protect her?
Yes

8) Are these charges likely on her criminal record?
The arrest warrant is in a database somewhere.
 

katem919

Junior Member
Thanks so much for your quick response seniorjudge. I guess my best advice to her will be to request a trial. Would you know if it is possible for a lawyer to get her a trial without turning herself in? While I am not a lawyer, I have worked in the legal field in the past, which is why I assume she came to me. I feel that she would be best served answering to all of this and giving her side of things, as well as disputing charges that may not be substantiated. She has been advised by her local police that they (CA) are not extraditing on this, when she tried to turn herself in to authorities on the East Coast.

I also wonder if they ever might change their minds about extradition? It's been 11 years already...how likely would that be? If she has no intentions of going to CA, would this warrant still be real threat to her? Also, it may sound ridiculous, but is she eligible to ask the Governor for a pardon, if she were to plead her situation to him and provide evidence (i.e. receipts for at least a few payments to mother-in-law, police reports of abuse, status in community now, etc.)? Could something like that even be considered in a case like this? You might notice my minimal experience is not in criminal law. ;)

Thanks again for your MUCH appreciated help!
 
S

seniorjudge

Guest
katem919 said:
Thanks so much for your quick response seniorjudge. I guess my best advice to her will be to request a trial. Would you know if it is possible for a lawyer to get her a trial without turning herself in? While I am not a lawyer, I have worked in the legal field in the past, which is why I assume she came to me. I feel that she would be best served answering to all of this and giving her side of things, as well as disputing charges that may not be substantiated. She has been advised by her local police that they (CA) are not extraditing on this, when she tried to turn herself in to authorities on the East Coast.

I also wonder if they ever might change their minds about extradition? It's been 11 years already...how likely would that be? If she has no intentions of going to CA, would this warrant still be real threat to her? Also, it may sound ridiculous, but is she eligible to ask the Governor for a pardon, if she were to plead her situation to him and provide evidence (i.e. receipts for at least a few payments to mother-in-law, police reports of abuse, status in community now, etc.)? Could something like that even be considered in a case like this? You might notice my minimal experience is not in criminal law. ;)

Thanks again for your MUCH appreciated help!
I strongly suggest she get a lawyer now and discuss all these fine points with the lawyer.
 

CdwJava

Senior Member
CA can change its mind. Additionally, having outstanding warrants can prevent her from receiving government aid, loans, and preclude her from employment where a background check is required.

The warrants won't just go away. And some day, when she needs a loan or government aid, she may find that she is ineligible due to the warrants.

- Carl
 

katem919

Junior Member
seniorjudge said:
I strongly suggest she get a lawyer now and discuss all these fine points with the lawyer.
That much is agreed upon. Obviously she expects to get an attorney, but the reason for posting here is to get advice on whatever legal recourses she might have, and hopefully be better informed while shopping for an attorney (when asked why she doesn't have one, she responded, "I've never needed one before."). I figured it wouldn't hurt to know all the options. Thanks so much for your thoughtful input. It is greatly appreciated. :)
 

katem919

Junior Member
CdwJava said:
CA can change its mind. Additionally, having outstanding warrants can prevent her from receiving government aid, loans, and preclude her from employment where a background check is required.

The warrants won't just go away. And some day, when she needs a loan or government aid, she may find that she is ineligible due to the warrants.

- Carl
Good point. I'll pass that information along.

I welcome and I'm grateful for all information pertinent to her situation.
 

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