You will want to speak with a criminal defense attorney right away. It may be an issue of the paperwork not going through with the charges on the domestic violence case or it may be that the charges were never really dropped or a host of other things. An experienced defense attorney can help you find out what happened 5 years ago.
Phong H. Han
Eaton & Associates
707 18th Street
Bakersfield, CA 93301
This answer does not create an attorney/client relationship and is not to be construed as advice for a specific issue. The answer given is a general response to general areas of law that may or may not apply to your case. To have a more specific answer to your set of facts, it is always recommended that you speak to an attorney in your area.
Mr. Han is exactly correct in his description of what might be going on. You should go meet with a few attorneys who are familiar with the court where your case is being handled, and hire the one you feel most comfortable with. Most offer free consultations for these matters.
Michel & Associates, PC
All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.
Based upon the facts provided you need to speak with a criminal defense attorney in the jurisdiction in which the domestic violence case resided. It very well could be a court error or a misunderstanding. If the court claims it isn't an error on their part you may have other remedies that an experienced criminal defense attorney would know.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
You need to speak to an attorney immediately who can properly review all the facts regarding your case. Depending on what you were charged with the statute of limitations may not have expired. The statute of limitations is the time period the District Attorney has to file charges against you.
This may also be a situation of the paperwork not being properly processed.
Possibly, and there may be issues in your favor as to speedy trial rights. Depending on when the case was originally filed and what happened as to why you did not appear in court, the matter could be successfully litigated and your case dismissed.
Please consult with an attorney to address these issues prior to your next court date.