Criminal Law Questions? Ask a Criminal Lawyer.
Were you on probation?
If you were on probation with a probation officer who monitored you for three years then I cannot imagine a situation where the judge would not set aside your jail sentence. It seems ridiculous that this should come back now... over three years later for imposition of a 5 day sentence. It isn't like you were to go into prison.
You need to get your lawyer to file a motion to set aside the jail portion of your sentence. This is not a statute of limitations question as much as an expiration of your sentence issue. Once your sentence is expired it is expired. Since your probation has passed your attorney should be able to get the jail sentence set aside since you made several attempts to serve it (5 times). They likely would give you one day credit for each attempted turn in anyway. However, if you do not clear it with the judge then someone may convince the court to issue a bench warrant for your arrest. That is something you do not want to deal with. Have your attorney file a motion to set aside the jail time and terminate the sentence.
I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).