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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I would like to know how to beign the process of solving the

Resolved Question:

I would like to know how to beign the process of solving the situation. I went to the records office of the sheriff's department today and they provided nothing. They can't even produce an Incarceration letter.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello

I am an attorney with more that 25 years experience and look forward to assisting you with this matter today

However, I really need to know what you are referring to - what is it you are trying to get from the Sheriff and why?

What is the problem?
Customer: replied 1 year ago.

I wanted to get the details of my arrest, through so much that had transpired, I am not even certain what the arrest was for.

Expert:  Samuel II replied 1 year ago.
Hi

Thank you

And so when you went to the sheriff what were you told? Did you ask for a Police report? or what exactly? Are there charges filed?
Customer: replied 1 year ago.

I asked for letter of Incarceration, the time and date and the Penal Codes involved. I am not certain if charges were filed because on my arraignment day, all I remember was the judge saying "you guys fix this" and my public defender pushing that I plead guilty. Also when I went for the next scheduled hearing date after that (the rescheduled arraignment) since I was running late, I called the courts to inform them. The lady on the phone told me that my name was not on the calendar. She then proceeded to ask me: "you're the attorney right?" And when I said no, I am the defendant, she proceeds to give a nervous giggle and then said: "oh, because you sounded like a lawyer" and then she hung up the phone. Whenever I call the courthouse to get info on register of actions, they say that the file is not kept in their records and only in the courtroom. I've called the DA's office as well and they say they never had records either.

Expert:  Samuel II replied 1 year ago.

Hi

Ok. Well, I am still not clear on what you are trying to accomplish and so I will opt out and let another professional assist you

Please do not respond here until someone else picks this up

Good luck

Expert:  Joseph replied 1 year ago.
I see that the previous expert has opted out. Are you still seeking assistance in this matter? If so, please let me know. Thank you.
Customer: replied 1 year ago.

Yes I am.


 


I was arrested back in 2010 and the only Disposition that I have for the case is "BOND". As of today, the case is still pending. How do I find out if charges, ie a formal complaint was filed?

Expert:  Joseph replied 1 year ago.
When was the last time you went to court? Do you still have your public defender (PD)? Thank you.
Customer: replied 1 year ago.

the last time I was in court was on 10/18/2010. That date all bail was exhonerated. I am not in communication with the PD. I have not received communication with the courts since then.

Expert:  Joseph replied 1 year ago.
And what happened in court on 10/18/2010? Thank you.
Customer: replied 1 year ago.

Bail forfeiture vacated. Notice of assesment of appointment counsel registration form filed.

Customer: replied 1 year ago.

The PD "encouraged" me to plead guilty and take some sort of deffered program. I refused and then he told me that I will get notification on what's next to happen.

Expert:  Joseph replied 1 year ago.

Candidly, something still seems to be missing from the fact pattern. With that in mind, I may very well miss something. If you need clarification on anything, please let me know. Regardless....

.

Letter of incarceration - Nothing in your fact pattern indicates that you were convicted of any offense, let alone sentenced to incarceration. That being the case, there would be no documentation of anything defining incarceration.

.

Time and date - I'm not entirely certain what you mean, perhaps this is in reference to date and time of your arrest. If so, you should be able to get this from the arresting agency. If you give them your name and the time frame of your arrest, then they should be able to pull up the arrest report. In turn, that document will have the exact time and date of the offense.

.

Penal codes - This too will be on your arrest report. As another option, you might contact your PD, they should still have the report as well and, of course, they can look you up on their computer system and let you know the penal codes involved.

.
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Customer: replied 1 year ago.

One last thing... what is the significance, if any, if the arresting agency cannot produce an arrest report? This is the case in my situation.

Expert:  Joseph replied 1 year ago.

That would be extremely unusual, I can think of no legitimate reason for the arresting agency to not have access to such a recent arrest report. I would suggest confirming that you have the right agency, going back again and providing them as much information as possible, they should then be able to locate the report for you. And again, you could also contact the PD's office for the report.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 9 other Criminal Law Specialists are ready to help you

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