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solder05 · Jun 15, 2012, 03:29 AM

In late may 2011 I was taken out of my school and put into jail from Friday till Tuesday (memorial day weekend no court). On Tuesday everyone went to court besides me, about 30 minutes before we had lunch a C/O came by my cell door and said no court, and slid me a paper that said, "the DA has decided to "not" press charges at this time but may at a later date" . So now I went to my recruiter and signed up for the Army. Well about 2 months before I shipped to basic the army started doing fingerprint checks and found out I was in jail. So they questioned me and looked into the charge, and said it was under review. Its been a year now and the charge is still "under review" . I worked at a bank in my school and they said I took money from the cash drawer. The charge was a Class - H Felony Theft from a financial institution. I have no prior criminal history besides a cracked windshield ticket.

My Question is What should I do? I need to get this charge dropped so I can re-sign my contract and get my military career on the ball.

Thanks for Any Advise!

ScottGem · Jun 15, 2012, 03:34 AM

The charges were dropped. There is no criminal record. I don't see anything that is interfering with your career. If the Army has not completed their investigation ask them to close it.

solder05 · Jun 15, 2012, 03:48 AM

Right, but when the army found out about me going to jail they said they wanted a letter from the DA stating that they would not press charges. When my recruiter and I go down to the DA they just say oh, its under review. Same story for over a year now. I haven't called in a month to check up on it.

I'm also afraid maybe they did decide to press charges and there is a warrant out for my arrest. But would the police not come to my house and pick me up if There was a warrant out for me? My Drivers license and the address I put down when I was in jail are both correct and still current. "I know the jail had my current address because they had no trouble sending me the bill for my great weekend.."

Over all maybe I'm just paranoid but aside from this I've never really been in trouble. I'm only 19.

ScottGem · Jun 15, 2012, 03:54 AM

The DA would tell you if there was a warrant.

Unfortunately there is nothing you can do about the DA keeping the case open as under review. Are you familiar with the TV Show Harry's Law? They just did a show on a similar situation. A man was being consider a "Person of interest" in his ex wife's murder and that caused him to lose his job etc.

I'm not advocating getting your law from TV, but the point is that this is apparently an ongoing issue where DAs don't close cases and keep suspects in limbo. And the law has little or no protection for victims of this practice.

You can try contacting your local chapter of the ACLU and see if that will help you get the DA to move on it.

solder05 · Jun 15, 2012, 03:57 AM

Originally Posted by ScottGem

The DA would tell you if there was a warrant.

Unfortunately there is nothing you can do about the DA keeping the case open as under review. Are you familiar with the TV Show Harry's Law? They just did a show on a similar situation. A man was being consider a "Person of interest" in his ex wife's murder and that caused him to lose his job etc.

I'm not advocating getting your law from TV, but the point is that this is apparently an ongoing issue where DAs don't close cases and keep suspects in limbo. And the law has little or no protection for victims of this practice.

You can try contacting your local chapter of the ACLU and see if that will help you get the DA to move on it.

So what your saying is, if the DA was going to press charges, He would have?

Fr_Chuck · Jun 15, 2012, 04:02 AM

Most likely they would have, pressed by now, but the issue is they still can, An attorney may help clear it up and get a letter for you.

solder05 · Jun 15, 2012, 04:05 AM

All right thanks, When I was in jail the guys were all saying that they doubt a 19 year old would get charged as a felon they said it would get knocked down to a Misdemeanor hope they were correct I would press the helpful thing but it won't let me.

Thanks Again!

ScottGem · Jun 15, 2012, 04:34 AM

Originally Posted by solder05

So what your saying is, if the DA was going to press charges, He would have?

If they don't have enough evidence to make a case by now, they aren't likely to get any more. But since an arrest was made, they don't like to close these things, because it would mean they jumped the gun in making the arrest.

solder05 · Jun 15, 2012, 04:37 AM

Originally Posted by ScottGem

If they don't have enough evidence to make a case by now, they aren't likely to get any more. But since an arrest was made, they don't like to close these things, because it would mean they jumped the gun in making the arrest.

Right it was a bank, its not hard to collect evidence when there is a camera above the computer and locking drawers with unique logins etc. Thanks again!

AK lawyer · Jun 15, 2012, 04:58 AM

I would note that, if your state has a speedy trial rule, the DA no doubt couldn't prosecute now even if he/she wanted to.

excon · Jun 15, 2012, 06:08 AM

Originally Posted by AK lawyer

I would note that, if your state has a speedy trial rule, the DA no doubt couldn't prosecute now even if he/she wanted to.

Hello lawyer:

Charges were dropped. That means the SOL started again. That means they can bring charges ANYTIME until the SOL expires..

excon

AK lawyer · Jun 15, 2012, 06:46 AM

The SOL wouldn't "start again". It would continue to run from the date when the crime was allegedly committed.

I don't know if the wording of a possible speedy trial rule prohibits re-charging OP w/o knowing what state it is we are talking about.

solder05 · Jun 15, 2012, 07:54 PM

Wisconsin