Legal Questions? / Legal Answers!
Did The D.A. Offer To "File Your Case"?
"Have you ever gone to court on a criminal
charge brought against you by the District
Attorney's Office and plead not guilty? Have
you ever gone back and had the District Attorney's
office offer to "file your case"
and not take you to court? The offer is usually
"if you stay out of trouble for a year,
the charge goes away." Who doesn't want
to take a deal like that? However I found
that if you agree to take a deal such as
this you may find... that same charge ends
up on your court records as a guilty plea!
This offer was made to me and the "if
I knew now what I didn't know then"
really applies. I accepted their offer and
my court appointed attorney did the rest.
I found out years later, he did me no favor.
I hope this information I have learned helps
to ensure, this doesn't happen to you."
In 1978 at the age of 23, I did something
that would define how the rest of my life
would go. During a custody battle I took
my son out of State and ended up being charged
with criminal restraint. I had made sure
that I wouldn't be charged with kidnapping.
I was his father so I knew I couldn't be
charge with that serious crime. However,
at that time the District Attorney was Henry
Berry. He was tired of Father's taking their
kids from the other parent and stopped by
my cell personally, to tell me so. I couldn't
believe the D.A. actually took the time to
stop by my cell. I found out why he made
the trip. He went on to tell me he was sick
of this type of crime and was going to make
an "example" of me. I found out
how serious he was. My bail was set at $200,000.00
double surety. I was shocked. I spent three
days in jail and went to court two other
times, to get the bail reduced. Each time
it was reduced, I still could not get close
to the bail amount to afford to get bailed
out. Finally, at 4 P.M. on a Friday afternoon
I got in front of a Superior Court Judge
who looked at the charges and the bail amount
and determined that "this is excessive
bail". He then set my bail amount at
$200.00. I was out of jail in an hour.
Have to tell you, my confidence in my legal
knowledge took a bit of a hit on that one.
When the District Attorney personally visits
your cell and throws all that at you, you
get a bit taken back. I never thought to
look at the "legal" wrongs that
were done to me, as far as the excessive
bail amount. I was just happy to get out
of jail after three days.
So, I went to court on the charges. The D.A.
had subpoenaed my best friend as a witness.He
had gone with me when I traveled out of State
and he told me they were going to charge
him as an accessory if he didn't testify.
Their other witness was my ex-wife. As I
sat there awaiting her arrival the District
Attorney's office had called her twice. Both
times they came out to tell me she was on
her way. Finally, after waiting for two and
a half hours I went to my Court Appointed
Attorney and explained that I had a right
to a speedy trial. "Go tell the D.A.
let's get on with this". He went to
talk to the D.A. and I told my best friend
if the D.A. pressured him, to plead the 5th
amendment. He didn't have to testify against
himself, hence, they had no witnesses.
I was right. My Attorney came back and told
me he had an offer. He told me and I quote:
"They have offered to not proceed with
the charges but will file the case instead."
He went on to explain to me that "If
you don't get into any trouble, relating
to the same charge, this will just go away."
I would never do this again and I knew it.
So the deal sounded good to me. I agreed
to it. I don't remember signing anything
or even going in front of a judge, but I
do remember that I was out of jail and charges
were "dropped".. or so it seemed.
I went on to spend two and a half years at
S.M.V.T.I. (now S.M.C.C.) taking Law Enforcement
Tech. in hopes of a career in Law Enforcement.
I moved to Springvale 4 years later and applied
to the Sanford Police Department for a dispatcher
position. I was refused that position because
I was told, I had a criminal record. What?
I sent away for my criminal record and found
that the only charge listed on it, was that
4 year old criminal restraint charge that
was "filed away." Wasn't that suppose
to just "go away". How could this
even be on my record when I never went in
front of a judge? I trusted the Court Appointed
Attorney and should have known better. I
now could not engage in a Law Enforcement
Career. I also found I had to explain the
criminal charge years later, when I applied
to became a Loss Prevention Manager.
"30 years later my son was offered the
same deal on a different charge. I sat in
his Attorney's office as he was told "they
offered to file the charges. Stay out of
trouble for a year and the charge will go
away". I told my son's Attorney my experience
of taking a deal like the one offered to
my son and how taking that deal backfired
on me. It was on my record all my life and
held me back all these years.That "deal"
went on to change the direction of my life."
" However my son's Attorney was now
informing me that the reason the charge is
still on my record, is because I did not
go in and make sure it was removed. He told
me that no computer or person was going to
remember to automatically delete my charge
after a year. It is my responsibility to
go in and ensure it was removed. I also have
learned you have a right to a copy of the
paperwork that says it will be filed. Get that before you leave the courthouse, so you can ensure you have proof to show
the clerk of courts, one year from the date
of your "deal."
If you would like to comment feel free to
e-mail me at
smtracy8@gmail.com
My Final Thought...
"I have to be honest. This decision I made
at that young age of 23 was a decision that
changed the direction my life. I have always
wondered what if, and probably always will.
However, I am pretty happy with the direction
my life ended up going. By the way, that
criminal restraint charge still is on my
record. At my age now and with my past experience,
I am finding that doesn't matter to most
employers. However, I still could not secure
employment in the Law Enforcement field if
I wanted to."
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