Felony Arrest Warrant for Arrears - Sherrif won't execute.

[OHRoadwarrior]

So who lives in Alameda that wants to lodge a noise complaint?

J/K

 

[bl6394]

It was a heckuva lot quicker and more efficient than asking US.

More productive - but not nearly as entertaining.

 

[CJane]

The cops IN MO aren't even going to execute that warrant unless they KNOW FOR SURE that the person they're hoping to arrest is at the location provided. They'll send a summons in the mail to the person the warrant is for, and hope they show up for the court date OR call the prosecutor, crying and dripping snot, and agree to make payments. Usually, very small payments.

They'll be offered a deal during which they're supposed to make payments regularly to the prosecutor's office.

And here's the kicker - once a SINGLE payment is made? It's no longer a felony. Won't be for another 6 months of no payments. And the prosecutor's office isn't going to work too awfully hard to fully prosecute these "felony warrants" when they have bigger and easier fish to fry.

 

[bl6394]

The cops IN MO aren't even going to execute that warrant unless they KNOW FOR SURE that the person they're hoping to arrest is at the location provided. They'll send a summons in the mail to the person the warrant is for, and hope they show up for the court date OR call the prosecutor, crying and dripping snot, and agree to make payments. Usually, very small payments.

They'll be offered a deal during which they're supposed to make payments regularly to the prosecutor's office.

And here's the kicker - once a SINGLE payment is made? It's no longer a felony. Won't be for another 6 months of no payments. And the prosecutor's office isn't going to work too awfully hard to fully prosecute these "felony warrants" when they have bigger and easier fish to fry.

CJane -

The law USED to be 6 months in MO - its 12 months of arrears now:

Section 568-040 Criminal nonsupport, penalty--payment o

The prosecutor has already gone round and round with the NCP for several years of civil contempt. Its hard to predict what would happen if she went before the court. Depends upon the judge. My guess would be probation - with an immediate departure out of state again.

I'm satisfied with either case. If the NCP is punished for violating the law - or simply stays away from Missouri.

As an added benefit - this also has put an end to the frivolous litigation that she used to engage in. That alone has saved me $5K to $10K over the past few years.

All things considered - the felony charge has served a purpose.

 

[CJane]

CJane -

The law USED to be 6 months in MO - its 12 months of arrears now:

I stand corrected. They made it even harder to prosecute than it used to be.

Don't hold your breath for action from anyone.

 

[bl6394]

I stand corrected. They made it even harder to prosecute than it used to be.

Don't hold your breath for action from anyone.

CJane - increasing the amount / and or length of time only made it more difficult to file the initial charge. It has ALWAYS been difficult to prosecute.

Also, her making subsequent payments doesn't abate the felony charge. Her defense would be to show "Good Cause" for failing to pay support. It will really be a judge's determination as to whether or not she has met her burden of proof.

In any event, I've been doing this for a while. No surprises - and no breath holding here.

 

[CJane]

CJane - increasing the amount / and or length of time only made it more difficult to file the initial charge. It has ALWAYS been difficult to prosecute.

Also, her making subsequent payments doesn't abate the felony charge. Her defense would be to show "Good Cause" for failing to pay support. It will really be a judge's determination as to whether or not she has met her burden of proof.

In any event, I've been doing this for a while. No surprises - and no breath holding here.

Okey dokey.