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Warrant Never Issued - any Rights?

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JoshE

Member
In Maryland, if there is a charge of reckless endangerment or disorderly conduct and a warrant was never issued and it's been over ten years does one have any special rights, and does one still need to turn oneself in?

Thank you,
JoshE
 


quincy

Senior Member
In Maryland, if there is a charge of reckless endangerment or disorderly conduct and a warrant was never issued and it's been over ten years does one have any special rights, and does one still need to turn oneself in?

Thank you,
JoshE
I don't understand what "rights" you think you might have.
 

Zigner

Senior Member, Non-Attorney
There really is no way we could know...why not call the agency in question? You could have an attorney do it for you.
 

quincy

Senior Member
The warrant would have been for its probation violation.
The person was charged AND convicted of the crime and violated the terms of his/her probation?

If a warrant was issued, it generally will not go away until the person who is the subject of the warrant takes care of it.
 

FlyingRon

Senior Member
You're going to have to explain what you're talking about. A violation of probation doesn't necessarily need a warrant. Warrants would only be issued if the person fails to voluntarily meet to address the violation.

Reckless endangerment is a misdemeanor in Maryland. It only requires a summons to be issued. A warrant only gets issued if the judge feels it necessary to have the defendant arrested and brought before him. Once the summons is issued, the statute of limitations ceases to be an issue, whether a warrant is issued or not. If no summons/warrant was ever issued within a year of the offense, the prosecution can not be commenced.
 

JoshE

Member
I'll explain better. The person was charged and convicted and violated the probation by leaving the state. The person never finished going to the probation office. It's been ten years and there is still no warrant.

Are there any advantages for the person if only a summons was issues. FlyingRon, you said, "A warrant only gets issued if the judge feels it necessary to have the defendant arrested and brought before him" Since there was no warrant, does this mean the judge is not very concerned with this violation?

How would one find out if a summons has been issued, an FBI identity history summary checks has been ordered, would it be on there?

Is it likely/possible that in this case there is no summons? Or is it highly unlikely?

Thanks,
JoshE
 

quincy

Senior Member
I'll explain better. The person was charged and convicted and violated the probation by leaving the state. The person never finished going to the probation office. It's been ten years and there is still no warrant.

Are there any advantages for the person if only a summons was issues. FlyingRon, you said, "A warrant only gets issued if the judge feels it necessary to have the defendant arrested and brought before him" Since there was no warrant, does this mean the judge is not very concerned with this violation?

How would one find out if a summons has been issued, an FBI identity history summary checks has been ordered, would it be on there?

Is it likely/possible that in this case there is no summons? Or is it highly unlikely?

Thanks,
JoshE
If there was a violation of probation that was never addressed because the offender, for example, never responded to an order to appear in court on the violation, probation has never been satisfied or discharged. Because there has been no discharge of probation, the offense can show on the offender's criminal record.

What the offender will want to do is find out the status by contacting the original charging agency or the court and then taking the appropriate steps to resolve the matter, probably with the help of an attorney.
 

Just Blue

Senior Member
I'll explain better. The person was charged and convicted and violated the probation by leaving the state. The person never finished going to the probation office. It's been ten years and there is still no warrant.

Are there any advantages for the person if only a summons was issues. FlyingRon, you said, "A warrant only gets issued if the judge feels it necessary to have the defendant arrested and brought before him" Since there was no warrant, does this mean the judge is not very concerned with this violation?

How would one find out if a summons has been issued, an FBI identity history summary checks has been ordered, would it be on there?

Is it likely/possible that in this case there is no summons? Or is it highly unlikely?

Thanks,
JoshE
Who are you in this situation? Why can't the offender join and post for himself?...It would be better to have the legal party post as s/he, understandably, has a better understanding of the facts.
 

quincy

Senior Member
... What the offender will want to do is find out the status by contacting the original charging agency or the court and then taking the appropriate steps to resolve the matter, probably with the help of an attorney.
JoshE, I received your message.

The charging agency is the agency from which the charges issued. You can contact the law enforcement agency (police department) or the prosecutor, the court clerk in the courthouse where the case was heard, and/or do a criminal background check which could show the offense and its status.

You might be able to do an online search. Check out your county's website.

Good luck.
 

quincy

Senior Member
You're welcome, JoshE. We appreciate the thanks.

I hope any problems with the 10-year-old charge can be taken care of without too much difficulty or expense.

Good luck.
 

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