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Arrested on 18 year old warrant...

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worrisomewife

Junior Member
What is the name of your state?What is the name of your state? California


Hello, I need some advice, but bear with me, this gets a little complicated...

My husband was involved in a B&E in California when he was 16 years old. He was never arrested, never went to court, never saw a judge or spoke to an attorney. He didn't know that he had even been charged, let alone convicted, until he went to prison in another state for a completely unrelated matter. He did 10 years in prison in this other state. When he was released (he did his time flat, no parole) we got married, had children, and everything was fine. We recently moved to back to California. Today my husband was arrested because he had contact with the police (not for doing anything wrong) and they ran his name. Apparently the warrant is still good, and they want his to serve out his sentence, including a new charge of evasion for "fleeing the state", when he didn't even know he had been convicted.

Now, the question:

Is there any way that he can get time-served for his time in another state, and how can the state of California charge him with evasion if he never knew he had been charged or convicted in the first place?

Thank you in advance
 


calatty

Senior Member
No, he can't get credit for time served in another state. He needs an attorney to figure out how he could have been convicted in his absence.
 

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