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  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Question Arrest Warrant for a Case I Thought Was Dismissed

    My question involves criminal law for the state of: South Dakota

    In 2006, charges were filed and I was arrested for passing checks against a closed account in South Dakota, a Felony. After I turned myself in, the next day I posted bail and was released. Due to my only ride up there ditching me, I was not able to get to court, and just ignored it. For some reason the charge was eventually taken off.

    Two years later, in 2008, I knew I had two misdemeanor warrants here in Nebraska, so I turned myself in. I told them I probably have a felony warrant in South Dakota, but there was NOTHING. So after they released me after serving 10 days for each warrant. Then I South Dakota got where I lived, and refiled charges, because the next day after visiting the Social Security office, cops came and arrested me. I had asked them why the warrant didn't show up when I was in jail. They said the charges had been refiled the day before. So after sitting out a fine from a warrant from failure to pay on that previous warrant, they released me. I told them I'm supposed to have a warrant in South Dakota. Was all ready to go up there after sitting out the fine, they did a whole full check on me. Didn't find any warrant anywhere after I asked, even though they showed me the papers of the South Dakota warrant , no bail until I see then judge up there, when I was arrested 8 days earlier, in 2008. So I did some checking on their warrant base, and even called them personally. They said there was no warrant for me.

    Here it is, 2013, now living in New Mexico. I was told I have a warrant there again during a traffic stop, but wasn't arrested. So I checked on their website warrant list AGAIN. And there is a warrant showing for the exact same charge!!!

    What do I do? And should I be asking any other questions when contacting them since this is the third time they've done this to file it, but never came and got me?? Let me know if any more questions for me.

  2. #2
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: KJGddf

    If you wanna handle it yourself without a lawyer, your best bet would likely be to call the prosecuting attorney's attorney's office in the county that issued the warrant and ask them wtf. Well, not exactly "wtf", be polite!

    Then explain to them the way you've explained it here. It seems odd that a charge, and it's associated FTA warrant, would appear and disappear a number of times. When you call, you don't necessarily hafta tell them where you're at, just that you're wanting to get this matter cleared once and for all. Besides, it would appear from what you describe that New Mexico may have no interest in taking you in for extradition. On the other hand, that may not be true! You may have had an encounter with a local yokel nearing the end of his shift that didn't wanna mess with a non-violent out-of-state warrant arrest and its ensuing mounds of paperwork.

    Then, go forth and sin no more! Good luck to ya!

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Passing Checks Against a Closed Account

    Quote Quoting Brian211978
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    For some reason the charge was eventually taken off.
    Taken off of what? Odds are the case was placed on inactive status due to the lack of progress - but you don't make criminal charges go away simply by blowing off the court proceedings.
    Quote Quoting Brian211978
    So I did some checking on their warrant base, and even called them personally. They said there was no warrant for me.
    We have no information about who you mean by "them" or why "they" would have any information relevant to your case.
    Quote Quoting Brian211978
    So I checked on their website warrant list AGAIN. And there is a warrant showing for the exact same charge!
    That would be, from what you've told us so far, because you failed to appear and the charge was never resolved. As for why the case is showing up with an active warrant, while it was previously inactive, there are lots of potential reasons for that. Guessing as to why isn't helpful - the issue at hand is that the warrant is again active.
    Quote Quoting Brian211978
    What do I do? And should I be asking any other questions when contacting them since this is the third time they've done this to file it, but never came and got me?? Let me know if any more questions for me.
    Again, odds are the case was filed once (when you chose to blow off the court proceedings) with the case at times being put on the inactive docket. You can retain a lawyer in the jurisdiction where the charge is pending to verify the status of the case, to explore any possible defenses, and to discuss possible plea bargains or other resolutions with the prosecuting attorney. As souperdave indicates, you can try that yourself - but there's a good chance they'll tell you that they'll discuss it with you when you come to court. You won't know until you try.

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