I was convicticted of DV/assult. The charge was filed in 2006 in missed a court date and a warrent was issued. I was picked up and went to jail. since then i have been charged with the crime. The Judge court ordred me to do a 52 week DV class. If I don't do this i am orded to do 365days in jail. My Question is... If I fail to do either one of these? and i dont get introuble or I avoid the law, Will there still be that statutes of limitation? and this case will be over when and if that time comes around?
You state that you were court ordered to do a 52 week class. There is no statute of limitations on a court order. You have already been convicted. Failure to abide by the court order can result in your incarceration and a citation for contempt of court
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
A statute of limitations only operates between the time of the offense and the time of a charge. Since you were charged and convicted, there is no statute of limitations on how long the court has to require you to follow its order.
I agree with the other attorney. However, you could also go to the court house and get a warrant quash hearing date. You could appear in front of the judge. You could tell the judge that since 2006 you have taken steps to assist with your problem - in a self help manner and that you do not believe that you can complete the 52 week course for (long list of reasons) and can he impose further sentence. You would not likely get all 365 days and might get substantiually less. Yiu would want to hire an attorney.for this return hearing to make this pitch and the attorney could give you some indication of the number of days you could get. It is in part based on other criminal history.
I would somewhat disagree with the others here. I will assume you were convicted of Assault IV-DV which typically requires at least 1 year of DV treatment and 2 years of probation. If you don't comply with the courts order to complete DV treatment during your probationary period, then generally the department supervising your probation will file a probation violation for non-compliance. The judge then can reassign the conditions, impose more conditions, extend your probationary period, fine you, or imprison you.
However, the court only maintains it's jurisdiction over you for as long as you're on probation. In the case of an assault IV it would be 2 years from when you were sentenced. If your probation department files a probation violation during your probationary period and you don't appear, the court will issue a warrant for your arrest and the statute of limitations and your probation is tolled while you're on the lamb.
If you're violated near the end of your probation the court may decide to extend your probation to maintain jurisdiction over you. Otherwise, if you don't comply several times it's general practice to throw the book at you and throw you in jail for generally 60-90 days or more and terminate the conditions you refused to comply with.
I hope this helps.
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