Criminal Law Questions? Ask a Criminal Lawyer.
A global plea is one in which all open cases or claims are wrapped up into a single package deal. A global plea would likely involve claims from 2 or more jurisdictions that are consolidated into a single plea bargain, thus allowing a defendant to dispose of all active cases with a single plea. That said, however, the offenses have to be known to the prosecutor at the time of the plea. If the second burglary offense was not known at the time, and was not included in the plea, your son may be prosecuted separately for that offense. If it was, and he pleaded guilty to the offense, double jeopardy prevents him from being tried on the offense.
The sixth amendment to the US Const requires arraignment, often within 72 hours of arrest. If your son was arrested on a certain date, and the state failed to arraign him on the charges for which he was arrested within the appropriate time, he has grounds to have the charges dismissed for a speedy trial violation. However, if a warrant was issued, and there was a delay for arrest, the speedy trial clock only starts from the date of arrest, not issuance of the warrant.
The plea agreement doesn't include the current charge, so the state is free to prosecute him for that offense. There's no conflict with the plea agreement. It's not like a grant of immunity where any crimes, known or not, are disposed of by the plea. Anything he was charged with, or was investigated for and could be charged with, though not yet charges, and specified in the agreement, were covered. The current charge is not. It doesn't cover any possible criminal act that your son committed but had not yet been caught or investigated for. Unfortunately, that's not how it works.
The issuance of an arrest warrant and an arrest are two different things. The speedy trial requirement is triggered by arrest, not by the issuance of an arrest warrant. If the state made an arrest, and failed to timely arraign your son, he may have grounds to have the charges dismissed as a speedy trial violation.
Any criminal defense attorney should be able to handle this matter.
The affidavit and warrant are dated Jan 8, 2016. If he was arrested thereafter, and fingerprinted, etc., he should have been timely arraigned.
I doubt that's why. The prosecutor and police don't care if he attends any classes. Also, the warrant wasn't issued until 2016. Why? I don't know. But it doesn't appear that he was arrested in 2012 for this charge.
If he believes he is improperly charged, or has been denied a speedy trial, he needs to hire an attorney to appear in court on his behalf.
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