10 Year Old Charge

[Julio]

My fiance is being released from a De.prison in a couple days. He found out when he turned himself in, that there was an "open/inactive" charge on him from Maryland that he was not aware of from an incident with an old girlfriend from almost 10 years ago. In a ugly breakup and alcohol involved with them both,she claimed he slapped her and that he broke into her house to get his belongs out. He was later told by her that she dropped the charge which wasn't true. He did not go to court not knowing about it since he had moved from her place. Will Maryland really pursue this after all these years, or will he be answering to the failure to appear?

ANSWER: Elizabeth:

Well, as I read your question, a couple of questions come to mind right away. If your boyfriend has an outstanding felony warrant in Maryland, he would not be released "in a couple of days" from the Delaware Prison. In fact, he would most likely be transferred or  extradited straight to Maryland to face that charge. Secondly, while he was serving his time in Delaware, a Case Manager/Counselor should have told him he was facing a charge in Maryland.

In any event, the charge sounds like a "he said/she said" domestic dispute that will be extremely difficult for the state prosecutor to put together after 10-years. I would suggest that if they send him to Maryland, get an attorney(appointed if necessary) to handle some type of plea or no-jail disposition.

The MPM Group, Inc.

Disclaimer:  The MPM Group is not a law firm; consequently, its staff will neither engage in rendering legal advice nor are they authorized to do so. Information/opinions obtained from our firm should not be considered a substitute for the advice of an attorney and it in no way creates an attorney-client relationship.  If you require formal legal advice, you should seek the services of a properly licensed attorney.  

---------- FOLLOW-UP ----------

thank you very much for the prompt response. Yes, he is being transferredtoMaryland. He signed paperwork in May to expedite the transfer but nothing really happened with that, they said that takes longer than just being picked up at the end of his DE sentence. Whe first processed when he first turned himself in to DE. is when he found out about the warrant. He has tried to address that since but initially was told he couldn't do anything til towards the end of the DE. sentence. He will have to have a public defender in Md. since we don't have the money to hire one. He is also disabled and in a wheelchair now.  

[Guillermo]

Elizabeth:

We will surmise that the paperwork he signed was to agree to waive a formal extradition hearing before they send him to Maryland. Standard procedures in a case like this.

He will be entitled to a court appointed attorney at his initial appearance in Maryland - he simply needs to formally ask for one. Secondly, in that he has completed his Delaware sentence and this case is 10-years old, he will most probably be entitled to bond. Also, the case is so old and the "complainant" is probably no longer interested in pursuing the prosecution, I will assume the judge will either Release on Own Recognizance(ROR) your boyfriend or put a small bond on him. Therefore, you might find out the same of the city in Maryland and you can call around down there to line up a licensed bondsman. It will save time.

-The MPM Group, Inc.

Disclaimer:  The MPM Group is not a law firm; consequently, its staff will neither engage in rendering legal advice nor are they authorized to do so. Information/opinions obtained from our firm should not be considered a substitute for the advice of an attorney and it in no way creates an attorney-client relationship.  If you require formal legal advice, you should seek the services of a properly licensed attorney.