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My ex boyfriend is in the army reserve and has an outstanding warrant for his arrest for domestic assault and battery in the state of VA however he lives in MD and report for Drill on a MD base. I'd like to know if the military can do anything about it. He's refusing to face the charges and he's planning on reenlisting and go to Germany within the next month. Will he be able to reenlist and leave the country too?
Please Help!!!
My question involves criminal law for the state of: VA
My ex has a warrant for his arrest for domestic assault & battery in the state of VA but he lives in MD. VA won't extradite him because it is a misdemeanor. What is gonna happen to it? Does anyone know if they could change it from a misdeamenor to felony so he could be extradited? I should say that he is in the military, planning or reenlisting with hopes of going to Germany.
Thanks.
The Army can not help him. The best thing for him is to self surrender and take care of the warrant.
If he tries to run from the warrant, it is only going to get worse for him. Also if the Army finds out about this warrant some how. Then he will be in trouble from both sides and he can face criminal charges from the Army under the UCMJ.
Thank you for your message. I have learned that he has been arrested (or maybe he turned himself in who knows....) yesterday and was released a few hours later. I guess I just have to wait to be contacted by the prosecuter now.....
Thanks again!
Since the statute of limitations only applies to the comission of the crime until the filing of charges the charge will most likely stay an active misdemeanor warrant indefinitely. In which case as long as he stays out of VA he won't be held.
Some states (but not all) do however wash these out after a prolonged period of years as they become harder and harder to prosecute given extreme lengths of time. This is usually only for non-criminal "traffic" type offenses.
I don't see the D.A. upgrading the crime for the reason you stated. If there was evidence to sustain the filing of a Felony charge, he would've already done so.
I do however have a suggestion. You could always attempt to contact his commanding officer in the hopes of having his C.O. order him to appear before this court. No C.O. wants to have an outstanding criminal in his ranks.
I'm not sure if the order would actually be a lawfull order, but if your ex doesn't know that, it could be worth a try.
The other thing you could investigate is whether or not this outstanding status is a violation of the U.C.M.J. in which case he could be punished under Federal guidelines or forced to appear. You would have to contact your local JAG officer to determine that.
Sorry, I couldn't be of more help.
Sincerely,
policetac
Thank you policetac for those advice!! Thank you all for your input!