statute of limitations??

[zobianna]

What is the name of your state? Virginia

5 years ago a friend of mine pled guilty on the advice of his public defender to a dui after being told he would only serve 18 months at most. After the plea she informed him she was mistaken and most likely be looking at 10 years as they were charging him with dui 4th offense and habitual offender...yes this was not his first dui just the first in 5 years since the last. Naturally looking at 10 years he ran before sentencing. I am sure he is listed as a fugitive by now and has since quit drinking and wants his life back. Is there any way other than incarceration for 10 years to straighten this mess out? Is there a statute of limitations for which they could no longer prosecute or he is destined to be running from state to state forever?

 

[Curt581]

5 years ago a friend of mine pled guilty on the advice of his public defender to a dui after being told he would only serve 18 months at most. After the plea she informed him she was mistaken and most likely be looking at 10 years as they were charging him with dui 4th offense and habitual offender.

Did the DA put the original plea agreement in writing?

Not what his attorney thought he'd get, but what the DA was offering in exchange for his guilty plea.

If so, they'll most likely have to honor it.

If not, he's pretty screwed.

Naturally looking at 10 years he ran before sentencing. I am sure he is listed as a fugitive by now and has since quit drinking and wants his life back. Is there any way other than incarceration for 10 years to straighten this mess out?

He could turn himself in, and hope he gets less than ten years. A ten year sentence is the maximum, which is unlikely to be imposed in 95% of cases.

Is there a statute of limitations for which they could no longer prosecute or he is destined to be running from state to state forever?

No. The SoL is the time limit the State has to file charges. In this case, charges have not only been filed, but he's already pled guilty to them, and only awaiting sentencing. It's pretty much a done deal.

If he continues to run, he WILL be caught eventually. If a felony warrant has been issued (almost guaranteed) he can expect to be extradited from any state in the U.S. If he makes the State go through all that, he can kiss any thought of leniency goodbye.

His only hope for anything less than 10 years in prison is to turn himself in NOW.

 

[AmosMoses]

As Curt says, this guy IS GOING TO GET CAUGHT if he continues to run. The thing is now that after a plea he was given 10 years, but he went ahead and complicated that by running...which is something that tends to piss law enforcement, the prosecution and and the judiciary off. So, he is actually likely worse off now than when he was originally sentenced to 10. If you are looking toward his "no longer drinking" as some sort of mitigation for his sentence, well, EVEN IF that were to play any small part in his future, you can rest assured that him saying that he quit drinking for some short time while he was on the run isn't going to help him...for one, his saying it won't mean anything, and even then if it's only for some short period, what would that mean anyway? Fact is that is all moot anyway, I think, because I don't really imagine any of that is going to make much difference anyway....

So, I guess he has a choice to make...does he want to go ahead and get a start at getting this over with, or does he want to try to keep running for as long as he can hold out, and THEN go into the clink?

They say that many people have to hit rock bottom before they straighten up, and this seems to be a perfect illustration of that. It's a shame that this guy had to catch a felony DUI to quit drinking, but he did and that's pretty much that. That said, if he really does want to get on with his new life, the first big step in doing that would be to go ahead and turn himself in.

Simply stated, this is a situation of pay me now or pay me later. My advice is for your friend to get his affairs quickly in order, and turn himself in. My luck, I'd get terminal cancer and die while I was in prison, wishing that I'd have kept running, but unless he can tell the future that sort of speculation won't do him any good (and if he can read the future, get the winning lottery numbers for me, please).