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.
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