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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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Que In 2005, i was arrested for a dui and was sentenced to

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Que: In 2005, i was arrested for a dui and was sentenced to 10 days in the local county lockup. Over a period of 6-7 months, I made 5 attempts to check into the jail and was turned away all 5 times due to overcrowding. Now, almost 31/2 years later, they want me to serve 5 days and wear a home anklet for 18 days. Que: Is there a statute of limitation for when thy can incarcerate you? This occured in Clermont County, Ohio.

Were you on probation?

Customer: replied 9 years ago.
I was not on probation at the time of the dui.
Customer: replied 9 years ago.
i was not on probation at the time of the dui
Customer: replied 9 years ago.
I am still waiting for an answer to the original question.

I'm asking if you went onto probation while waiting to report to jail. Were you given a report date?
Customer: replied 9 years ago.
The answer to your first question is yes, I was given 3 years probation which has now passed. The answer to the second question is also yes, I was to report to jail on the 12th of May, 2005 and that was my first rejection and was turned away. There were 4 subsequent turn aways from the jail.


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.


Good luck.



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