DueProcess
Junior Member
What is the name of your state? California.
Hi,
I had several arrests relating to my substance abuse, between 1989 - 1993. The last included a sentence to California Rehabilitation Center for drug possession.
In 1993 I "ran" to L.A. from Stanislaus County and remained arrest free until April of 1999. At that time, police were dispatched to my home on the "P.A.L." warrant from Stanislaus County. At the time of my arrest, drugs were found on my person and I received yet another possession charge
I received alternative prison sentencing through the local drug court program on the new case and was in treatment (in jail) from April 1999 to November 1999, at which time Stanislaus County extradited me and I appeared in court on the possession/parole violation. I had massive documentation and support from the treatment center I was in, which satisfied the judge. I was granted time-served and discharged from parole.
I returned to L.A. and residential treatment. I spent a total of 201 days in treatment before successfully completing the program. During part of this time I went to school and got my Counseling certificate and went to work in the recovery field. I work with F.O.T.E.P. and prop 36 clients. I've received several "clearances" and input client info into the County system. Daily I work with various law enforcement, probation, parole, family and child protective officials.
NOW, 13 1/2 years later, I receive notification through the SSA that there is an active felony warrant issued for me. The "incident" occured June 10th of 1993 and the warrant was issued July 7th, 1993. It is for Felony Grand Theft (on a person). Apparently, I have a co-defendant .... who actually did the theft ... I was the alleged "get away" driver.
Of particular interest in this: my extradition, and subsequent court appearance on November 5th 1999. No holds were placed on me at that time and I was released free of any legal obligations.
I have contacted the court clerk in Stanislaus County and she had to physically retrieve the file from their archives before being able to give me any type of information/assistance.
After speaking with several people, I have been informed that this case possibly qualifies for a motion of dismissal based on Due Process Violation. The legal system failed to do any sort of "due dilligence" to locate and/or notify me of any legal proceedings pertaining to me. I have, at no time, been in any sort of "hiding" or attempting to avoid prosecution. I have been registered with the Department of Motor Vehicles the entire time and have had legal contact with police officers for a moving violation at two times since 1993.
I am curious if this is, indeed a case of negligence or a due process violation, based on the following:
The Fifth Amendment contains a guarantee of basic due process applicable only to actions of the federal government: "No person shall be... deprived of life, liberty, or property, without due process of law...." (Indeed, this is the origin of the term due process.) The Fourteenth Amendment contains the same phrase, but expressly applied to the States. The Supreme Court has interpreted the two clauses identically, so under the federal Constitution, there is no substantial difference in protection from federal or State action. However, State constitutions also have their own guarantees of due process that may, by their own terms or by the interpretation of that State's judiciary, extend even more protection to individuals than under federal law.
Procedural Due Process
Procedural due process is essentially based on the concept of "fundamental fairness." As a bare minimum, it includes an individual's right to be adequately notified of charges or proceedings involving him, and the opportunity to be heard at these proceedings. In criminal cases, it ensures that an accused person will not be subjected to cruel and unusual punishment.
and if so ... is it going to be necessary for me to appear in Stanislaus County Court or can it be resolved through filing writs, etc?
It is definitely a hindrance in both my personal and professional life. I need to take care of it asap ... and would like some advice as to my options?
Thanks.
D
Hi,
I had several arrests relating to my substance abuse, between 1989 - 1993. The last included a sentence to California Rehabilitation Center for drug possession.
In 1993 I "ran" to L.A. from Stanislaus County and remained arrest free until April of 1999. At that time, police were dispatched to my home on the "P.A.L." warrant from Stanislaus County. At the time of my arrest, drugs were found on my person and I received yet another possession charge
I received alternative prison sentencing through the local drug court program on the new case and was in treatment (in jail) from April 1999 to November 1999, at which time Stanislaus County extradited me and I appeared in court on the possession/parole violation. I had massive documentation and support from the treatment center I was in, which satisfied the judge. I was granted time-served and discharged from parole.
I returned to L.A. and residential treatment. I spent a total of 201 days in treatment before successfully completing the program. During part of this time I went to school and got my Counseling certificate and went to work in the recovery field. I work with F.O.T.E.P. and prop 36 clients. I've received several "clearances" and input client info into the County system. Daily I work with various law enforcement, probation, parole, family and child protective officials.
NOW, 13 1/2 years later, I receive notification through the SSA that there is an active felony warrant issued for me. The "incident" occured June 10th of 1993 and the warrant was issued July 7th, 1993. It is for Felony Grand Theft (on a person). Apparently, I have a co-defendant .... who actually did the theft ... I was the alleged "get away" driver.
Of particular interest in this: my extradition, and subsequent court appearance on November 5th 1999. No holds were placed on me at that time and I was released free of any legal obligations.
I have contacted the court clerk in Stanislaus County and she had to physically retrieve the file from their archives before being able to give me any type of information/assistance.
After speaking with several people, I have been informed that this case possibly qualifies for a motion of dismissal based on Due Process Violation. The legal system failed to do any sort of "due dilligence" to locate and/or notify me of any legal proceedings pertaining to me. I have, at no time, been in any sort of "hiding" or attempting to avoid prosecution. I have been registered with the Department of Motor Vehicles the entire time and have had legal contact with police officers for a moving violation at two times since 1993.
I am curious if this is, indeed a case of negligence or a due process violation, based on the following:
The Fifth Amendment contains a guarantee of basic due process applicable only to actions of the federal government: "No person shall be... deprived of life, liberty, or property, without due process of law...." (Indeed, this is the origin of the term due process.) The Fourteenth Amendment contains the same phrase, but expressly applied to the States. The Supreme Court has interpreted the two clauses identically, so under the federal Constitution, there is no substantial difference in protection from federal or State action. However, State constitutions also have their own guarantees of due process that may, by their own terms or by the interpretation of that State's judiciary, extend even more protection to individuals than under federal law.
Procedural Due Process
Procedural due process is essentially based on the concept of "fundamental fairness." As a bare minimum, it includes an individual's right to be adequately notified of charges or proceedings involving him, and the opportunity to be heard at these proceedings. In criminal cases, it ensures that an accused person will not be subjected to cruel and unusual punishment.
and if so ... is it going to be necessary for me to appear in Stanislaus County Court or can it be resolved through filing writs, etc?
It is definitely a hindrance in both my personal and professional life. I need to take care of it asap ... and would like some advice as to my options?
Thanks.
D
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