got a dui charge sentenced to ten days in jail they've not enforced it on me yet, and its been three years. if after a certain amount of time don't they (the court system) forfeit their right to enforce a sentence?
2006-10-05 11:22:37 · 5 answers · asked by kyle_presley2002 2 in Politics & Government ➔ Law Enforcement & Police
first of all i've tried every month on the month to get my sentence done. the jail has been too full so they keep telling me to come back. it's getting rediculous
2006-10-05 11:31:21 · update #1
well since my sentence hasn't been enforced i still have the right to appeal it. which is good. because i have proof that the machine they used to tell my bac (blood alcohol content) was actually returned to the manufacturer the day after my incident, because it had been damaged a week before i got arrested and they were still using it. no more worrying about it, i'm free.
2006-10-05 12:00:21 · update #2
finally got a hold of my lawyer, the sentence was dropped and now i'm countersuing, for loss of wages, and mental anguish. my lawyer is right for the last three years i had to report twice a month. the first monday and the last friday of each month. i average about a $120.00 a day so everything adds up to $8600.00. my lawyer is multiplying by three i'll keep 2/3 and my lawyer will get a third. 1/3 for lost wages 1/3 for mental anguish of having to worry about it. and a drop of charges and exspunged from my records. turns out there is a limit on how long they have to enforce sentences on misdermeanors. thanks all but no answer was the best answer
2006-10-05 16:04:54 · update #3
you were sentenced to 10 days in jail. Guess what? it is your responsibility to serve your sentence. It is not their responsibility to track you down. "Failure to comply with a court order" is the charge. More than likely- you will have a warrant if you don't have one already.
2006-10-05 11:25:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I don't think there is a statute of limitations. If you have not been in any trouble for the last three years and can show your have presented yourself to serve the time, the court would probably grant a motion to allow community service instead of jail time.
2006-10-05 15:18:15 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
NO, there is no statue of limitation on a crime after a person is charged, SOL only applies from time crime committed to you are charged.
No you may have fell though the crack, but to be honest you and your attorney should deal with it, since if they see it, they may issue a arrest warrant one day, to inforce it.
2006-10-05 11:34:20 · answer #3 · answered by Anonymous · 2⤊ 0⤋
statute of limittations only deals with the filing of charges, not the imposition of sentence.
2006-10-05 11:53:30 · answer #4 · answered by Ranger473 4 · 0⤊ 0⤋
I think they`ve forgotten, just don`t remind them. Chill!
2006-10-05 11:24:37 · answer #5 · answered by Anonymous · 0⤊ 1⤋