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Assault on a Law Enforcement Officer Charge

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  • 12-27-2012, 01:22 PM
    Naptha
    Assault on a Law Enforcement Officer Charge
    My question involves criminal law for the state of: Florida
    More than 8 years ago I was picked up on a 5150 by a Florida Police Officer. I was taken to the psych ward where I was kept for a week (suicide attempt).

    While in custody and cuffed on the way to the hospital the Police Officer began verbally abusing me, to which I answered back, I said things like "Why don't you save this hate for when you go home to your wife and beat her?". He also threatened to mace or taser me.
    This officer stopped the patrol car before the entrance of the hospital, opened the back door and hit me open handed in the face, leaving a large red mark. I attempted to report this to the medical team with no luck. I requested a police officer, one came and refused to file my report. My responding officer said the mark was due to me throwing myself against the cage.

    I now find I have an active warrant for assault on a LEO, which was filed 5 months after my patrol ride to the hospital. I had already left the state by then. I was never notified of any of this though I left a forwarding address.

    I have successfully gotten driver's licenses in 3 states since this warrant was issued.

    Is there a time limit on such a warrant? Why was I able to get drivers licenses in 3 states after this warrant was issued?

    I have no plans of ever going to FLA again, as was true before I found out about this warrant. I don't know what I am supposed to do about it.

    If I turn myself in while in another state more than 1200 miles away, would they extradite me? Could I be arrested for this warrant in another circumstance? I have gotten two speeding tickets in that time and was never found to have an outstanding warrant.

    I am VERY confused about this. Why would this charge and warrant be filed 5 months after the crime they accuse me of? How do I respond?

    Please help!!
  • 12-27-2012, 02:17 PM
    aardvarc
    Re: Assault on a Law Enforcement Officer Charge
    Quote:

    Quoting Naptha
    View Post
    I was never notified of any of this though I left a forwarding address.

    They don't generally warn people about warrants - people have a funny way of disappearing. The vast majority of warrants get served when law enforcement comes across people for other reasons.


    Quote:

    I have successfully gotten driver's licenses in 3 states since this warrant was issued.
    Not unusual. Driver license clerks don't serve warrants and usually don't even have access to this system. A law enforcement officer or their dispatcher would be the ones to check wanted status.


    Quote:

    Is there a time limit on such a warrant?
    Nope. The warrant stays active until either rescinded by the judge for some reason, until 99 years from date of issue has gone by, or until the person is apprehended.


    Quote:

    Why was I able to get drivers licenses in 3 states after this warrant was issued?
    Because driver license offices deal with driver licenses. They're not law enforcement officers. And even if for some reason a law enforcement officer standing there had checked for warrants on you, odds are better than average that Florida wouldn't extradite due to the expense.


    Quote:

    I have no plans of ever going to FLA again, as was true before I found out about this warrant. I don't know what I am supposed to do about it.
    The purpose of a warrant is to get you in court before the judge who issued the warrant. Until that happens, the warrant will simply float around waiting for law enforcement to come across you while close enough for Florida to want to grab you and get you in front of that judge.


    Quote:

    If I turn myself in while in another state more than 1200 miles away, would they extradite me?
    Only someone reading the warrant could answer that question. It's not probable, but not IMpossible either. Odds go up if the charge was a felony.


    Quote:

    Could I be arrested for this warrant in another circumstance?
    You could be arrested for this warrant in ANY circumstance that puts you in contact with law enforcement - but whether arrest WOULD happen is, again, dependent on whether Florida will extradite or not.


    Quote:

    I have gotten two speeding tickets in that time and was never found to have an outstanding warrant.
    Just because they didn't TELL you about it doesn't mean it wasn't there. More likely it means that the warrant had an extradition limit that didn't apply and they had no reason to bring it up. For example, "Florida only", or "surrounding states only".

    Quote:

    Why would this charge and warrant be filed 5 months after the crime they accuse me of?
    The wheels, and police reports, and prosecutor evaluations, and courts, turn slowly. There are multiple steps and people involved in the process, so it's not as quick as it might appear from tv and movies.


    Quote:

    How do I respond?
    Depends on what you wish to accomplish. First thing I'd do is find out if the warrant is for a felony or misdemeanor - felony charge has a MUCH higher chance for extradition. I suspect it's only a misdemeanor, but this is too important to guess, you need to KNOW what you're up against.

    If misdemeanor, and you plan to stay out of Florida, and are willing to be delayed an additional 10 or 15 minutes each time you have contact with law enforcement (while they confirm no extradition), then you can do nothing and just let the warrant follow you around. Depending on the frequency and nature of your contacts with law enforcement, and things like job prospects, it could still cause problems. We can't predict all the different ways being "wanted" might negatively impact your life.

    If the charge is a felony, you need to pay more careful attention, and I'd highly recommend speaking to a Florida criminal defense attorney ASAP.
  • 12-27-2012, 04:39 PM
    Naptha
    Re: Assault on a Law Enforcement Officer Charge
    I'm unsure but I believe this is a misdemeanor. I actually don't know why I was charged, unless you can be charged with assault on a LEO for screaming at them from the back of a squad car.

    I have been told to call the sheriff's office to get details, but am very hesitant to do so. I wonder if it is possible they don't even have my SS# as to my knowlegde I was never 'arrested'.
    Instead after a neighbor's 911 call a police officer responded and took me directly to the psych ward.
    I don't know if the doctor's are allowed to share information like my social security with the police?

    I have had only two interections with police since, for traffic reasons; and I have never been ticketed either time. Nor has either stop taken more than 20 minutes.

    I am also on disability, which I applied for and recieved in the last two years and this warrant never came up. From what I have read, a warrant will put any disability action on hold. Another reason that I am very confused about this warrant!

    If I were to turn myself in, would I lose my disability??

    It just seems that no one has cared about this warrant I myself haven't known about for 8 years. I am on permanent disabilty so I have no jobs I will be vetted for.

    I am a law abiding person, which is why I am so distressed about this mystery warrant. If not for a nosy friend I would not have been alerted to this at all.

    I have no funds to go to FLA and turn myself in, am confused as to the charge, and concerned about the general aspect of an assault charge. Where was the assault? If I am charged with asault while being picked up on 5150 with 145 pain killers in my belly, I guess I could only claim insanity as I certainly don't have any recall of doing anything other than being rude to the cop. I do not want to be adjucated insane!

    This entire scenario is terrifying and scary to me, yet I don't want to be on the wrong side of the law.
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