Warrant, Felony, Statute of Limitations, etc

[bluegrass88]

My questions involve 2 states. Oregon and California.

First, Oregon:
Is there a statute of limitations for a probation violations? Subject in question is on probation for MCS (marijuana cultivation on a very small scale). As far as I know, this person is completely rehabillitated and is going to school for Radiology. They obviously no longer live in OR. Yes, the subject ran from the law, and I disagree with it completely. I find this case interesting because I feel that subject has turned themselves around and is doing good for the community. No criminal charges since, either. Any suggestions? Can an appeal be made or something?

Second, California:
Is there a statute of limitations for a misdemeanor? This subjest also has a warrant for theft of access card (?) and fraud use of access cards. Same person as above. Again, I feel that this person has rehabillitated themselves completely.Works part time, goes to school. Not that it matters, really..... but it does.

Thanks in advance.

 

[TYRIS]

My questions involve 2 states. Oregon and California.

First, Oregon:
Is there a statute of limitations for a probation violations? Subject in question is on probation for MCS (marijuana cultivation on a very small scale). As far as I know, this person is completely rehabillitated and is going to school for Radiology. They obviously no longer live in OR. Yes, the subject ran from the law, and I disagree with it completely. I find this case interesting because I feel that subject has turned themselves around and is doing good for the community. No criminal charges since, either. Any suggestions? Can an appeal be made or something?

Second, California:
Is there a statute of limitations for a misdemeanor? This subjest also has a warrant for theft of access card (?) and fraud use of access cards. Same person as above. Again, I feel that this person has rehabillitated themselves completely.Works part time, goes to school. Not that it matters, really..... but it does.

Thanks in advance.

--There is no statute of limitations for a violation of probation. Your friend either stays on the run until he is caught or turns himself in, there is no appeal or mitigating circumatances.

The statute of limitations for a misdemeanor in California is one year. This does not apply to your friend. The statute is for how long a District Attorney's Office has to charge a suspect with a crime. Due to the fact that your friend has a warrant for his arrest, the District Attorney's Office has already filed the charges against them.

Regardless of whether you believe they have rehabiliated themselves or not, the fact remains that they will be held accountable for their prior histories in Oregon and in California.

The only real question is whether your friend is man/women enough to step up and take the consequences for their previous actions by turning themselves in.

The one thing I can tell you for sure is that at one point or another they will be caught and by then they usually have a lot more to lose.

Tyris

 

[CdwJava]

Are you sure it's only a misdemeanor charge? If someone uses a stolen bank access / debit card, it can almost always be charged as a felony - burglary.

If he/she was charged with only a misdemeanor, my guess is that he/she either got darn lucky, or pled guilty to the offense in exchange for the lesser charge and then failed to show for sentencing or to complete conditions of release (restitution, probation, etc.).

As Tyris said, it ain't going away.

- Carl

 

[bluegrass88]

Thanks....

Thanks for the info. I appreciate it. I figured it was like that, but figured I'd ask anyway. It's just so sad because this person has really completely turned themselves around. I don't believe that incarceration or probation works in every situation. Sometimes one HAS to find other means of rehabillitating themselves. I saw this person get as low as you can get... stealing, living off the streets, etc. But now they're going to school, doing community work to help others. It's just too sad. Thanks again!!!!