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  1. #1

    Default Will I Have an Arrest Warrant After a New Criminal Charge in Another State

    My question involves an arrest warrant from the State of: North Carolina

    My now ex-husband and I were charged with misdemeanor child abuse (neglect) when our son got out of the house because he left the keys in the door (which locked from the inside using a key).

    At the time we were just so thankful that he hadn't been hurt or taken from us that we just kind of went along with whatever we were told. Which included agreeing to a "Prayer for Judgement" that we'd never heard of and barely had explained to us. Our lawyer told us, "just don't get into trouble for the next three years and nothing happens."

    Well shortly after we moved to California and again due to my now ex-husband's negligence he got out again, and again we were both initially charged with child abuse. Once CA found out about NC, however, they dropped the charges against my military now ex-spouse and raised mine to a felony.

    I had to explain (as best as I could) to my public defender what a Prayer for Judgement was, and at his urging took a plea deal. 4 years probation. I also had to explain it to multiple probation officers in California. So I know that CA knew about the NC offense, but I don't know if NC knows about the CA offense.

    Now, would I have a warrant in NC from that? And if I did, wouldn't my Probation Officer know about it?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    PO's are not lawyers. They're certainly not obliged to understand the deferral rules for other states.
    You screwed your PFJ conditions. Your continuance may indeed be invoked and a warrant issued.

  3. #3

    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    Well more of what I was getting at is, wouldn't my PO know if I had a warrant and tell me/detain me?

  4. #4
    Join Date
    May 2011
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    Illinois
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    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    Your warrant(if you have one,) would be in the system. Just a matter of time. I served on that was five years old. He was in Chicago and the warrant was from Louisiana. Just takes a few mouse clicks and there it is. Persoannly, I don't forewarn you of a warrant until I'm ready to serve it and you're in my presence.

  5. #5

    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    I've called the lawyer that handled the North Carolina case. I guess that's really all I can do at this point. I'm aware that I violated the agreement, but I have two small children and can't exactly afford to go serve time across the country for something my stupid ex-husband left me holding the bag for.

    Does anyone know if making some sort of arrangement for just paying fines/fees/restitution is even legally possible or plausible for this type of situation?

    Also I'd like to apologize for the typo in the title of this thread.

  6. #6
    Join Date
    May 2011
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    Illinois
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    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    It would be difficult to amend court conditions for a charge like that. However, are you on probation for this charge? You make no mention of what particular sentence was handed down.

  7. #7

    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    Well that's the thing. I'm on probation for what happened in CA (which was a felony), but in NC it was weird. No sentence was handed down. What I said above, about how our lawyer explained it, was all we were told. I don't even really know what everything means or what all the conditions were. We didn't sign anything and weren't even given any documents about it at all. You'd think that they would've given us some sort of paperwork about it all; I certainly got plenty from California.

    My 4 years of probation from California isn't technically "up" but I've met the terms and conditions for it and will soon be applying to have it ended. I actually wound up with probation in California for receiving a "credit for time served" during the time I sat around in a holding cell during the booking process so I could be in California's criminal database and therefore in the database for probation.

    But I was fingerprinted and posted bail in North Carolina (our bail was simply signing documents promising to not skip town), and they took my fingerprints in California. It just seems to me like either NC has no clue what happened, or California has simply neglected to tell me that North Carolina has a warrant out for me.

    Sorry if my posts seem haphazard and non sequitur. My original post was a lot more concise, but when I hit submit I discovered I wasn't logged in so it was lost, and between trying to remember everything I'd already written and my frustration with the legal system and subsequently avoiding letting my posts deteriorate into a rant about my thoughts and feelings on it, I know they don't exactly "flow." I can hardly think straight with how afraid/panicky I am over this.

    I've been through quite a bit with the separation, subsequent divorce and dealing with my probation terms on this. I've spent the time since my sentencing really trying to turn my life around. I got my son and I out of the horrible and abusive situation we were in and made a new start for us. I don't want to lose everything by having to be separated from my children and serve time on the other side of the country. However, even more so than that, if I absolutely must serve time, I don't want it to happen because I got pulled over by a police officer because my tail light was out and get detained and extradited to North Carolina. I want time to prepare and make arrangements.

    Any chance some legal God is going to come on this post and tell me that there is absolutely, positively no way that I could have a warrant without knowing about it after having 4 different probation officers, and interstate compact transfer, a new driver's license and a police officer running my DL when I was a passenger when someone got pulled over?

  8. #8
    Join Date
    May 2011
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    Illinois
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    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    There is no definitive way to answer that without running your name. It is important to know what the disposition of the NC case was. Based on the fact that you mentioned an interstate compact, you have been placed on some sort of probation in NC. That is important for you to get to the bottom of. If you are on paper in NC and you are unaware of conditions that you need to do for them, you'll be looking at more trouble. If you are on probation, then this new conviction is definitely a violation.

    As for your warrant question, there are so many ways to find a warrant on the system, that it might just be a matter of time until your PO does. It may have geographical limitations that don't stretch out to CA and your PO sees it as pointless to bring it up. You may not have one at all. And finally, you may not have been violated yet in NC, and it's coming.

    Sorry, but based on what you've remembered, there's no definite answer I can give you.

  9. #9

    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    No, I was not placed on probation in North Carolina at all. NOTHING happened in NC. That was the "prayer for judgement." Then I moved to CA with my ex-husband, and another incident occurred for which I am currently on probation and have been for over a year.

    Its been two years since the case in NC, for which no judgement was entered. Over one year since the case in CA that I took the plea bargain on.

    We never even stood before a judge in NC. We went to court, our case was never called, and our lawyer came up and explained this "Prayer for Judgement" thing to us and said we could leave, so we left.

    Like I said, I don't even know that North Carolina is aware of the incident in California, and therefore may not have issued anything. I don't know how likely it is that they ever will since I do not reside in North Carolina (or California anymore).

  10. #10
    Join Date
    May 2011
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    Illinois
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    Default Re: Liklihood of North Carolina Warrant Involving Prayer for Judgement

    A basic definition of a "Prayer for Judgement" is a plea that can be entered in a courtroom and is neither an admission of guilt nor a plea of innocence. If the plea is accepted by the judge the charge against the accused is dismissed though the judge usually has conditions for the violation to not go on the person's record.

    The conditions normally include that if within a certain time period the accused repeats the crime or a similar one he/will face both charges. However if the accused stays clean for the time period the record is expunged and the accused will face no trial or punishment for the alleged offense. In North Carolina the probationary time period is typically three years.

    If the judge sets conditions such as a fine or imprisonment, the order is a final judgment and the court may not impose additional punishment. If the defendant violates the conditions of a prayer for judgment continued at any time after it is imposed, the state may file a motion that the court imposes a sentence. A prayer for judgment is not probation since it does not involve a conviction or a suspended sentence.

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