Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I was questioned with out consent over 2 and half years ago

Customer Question
I was questioned for sex...
I was questioned for sex with out consent over 2 and half years ago no charges have been filed but it is showing up on my background check as outstanding criminal wants or warrants.. what should I do
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 minute by:
11/23/2015
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

If the warrant is showing on a background check, then it means one was issued and you just have not been arrested, yet.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

And so given the circumstances for which it was issued - a serious sexual offense - I suggest you should consider immediately consulting with a local criminal defense attorney who can review the entire matter and maybe have the warrant quashed.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

If you to do this on your own, there is a possibility you could be arrested. tAlso with the outstanding warrant, you also risk arrest if you are say stopped for a traffic violation.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

So you need to have a local attorney review the matter, contact the court about the warrant and ensure that is still active and figure out if it because there was no arrest, if you are charged or if the matter should be closed.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
There isn't a warrant but it's showed up on my tsa background. I don't understand why if no charges have been filed. It's been 2 and half years since I was questioned
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Thank you.

If it is showing up, there is a warrant that is outstanding.

If they filed charges and could not local you, a warrant would be issued. You need to ascertain why the warrant is showing up as Outstanding. A warrant will remain active until it is served or until it is quashed or recalled.

Just because you never got the notification of charges, does not mean none were filed.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

If you call the clerk of the court in the state and county where the warrant was issued they can tell you or anyone who would call on you behalf, why the warrant is showing as active and if outstanding charges are pending.

The DA could have filed charges, and it just has not been served yet

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Wants and a warrant are different right.
And I have been in contact with law enforcement and nothing has came up
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

If the charges were filed and the warrant issued withing the Statute of limitations, then it is valid.

No. Wants and warrants mean there is an outstanding warrant. A background check should not be revealing a warrant that has been served or quashed. It should only reveal one that is outstanding and active.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

If you were served the warrant and arrested and the matter was closed, then the court will need to have a Motion to filed to have the warrant removed.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

If you were only questioned, as you state, then it is possible the charges were filed, and a warrant issued which is now outstanding.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

I wish it was a more simpler answer for you.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I have not been served or anything and just don't understand how this can still be an issue 2 and half years later. It's a serious offense for them to just drag there feet
Customer reply replied 2 years ago
After I contacted the detective 5 months ago he didn't say anything about charges just that it's still being investigated and gave me a run around if there had been a warrant shouldn't he told me to turn my self in. And I was booked and released on O R recently and they didn't hold me. Soo the warrant isn't active
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Ok. What is the exact charge you were being questioned for, please?

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

And this allegedly happened in Montana?

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Is it this?

45-5-503. Sexual intercourse without consent. (1) A person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person's spouse, as provided in 45-5-501(1)(a)(ii)(D).
(2) A person convicted of sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219, 46-18-222, and subsections (3) and (4) of this section.
(3) (a) If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
(b) If two or more persons are convicted of sexual intercourse without consent with the same victim in an incident in which each offender was present at the location where another offender's offense occurred during a time period in which each offender could have reasonably known of the other's offense, each offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 5 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
(c) If the offender was previously convicted of an offense under this section or of an offense under the laws of another state or of the United States that if committed in this state would be an offense under this section and if the offender inflicted serious bodily injury upon a person in the course of committing each offense, the offender shall be:
(i) punished by death as provided in 46-18-301 through 46-18-310, unless the offender is less than 18 years of age at the time of the commission of the offense; or
(ii) punished as provided in 46-18-219.
(4) (a) If the victim was 12 years of age or younger and the offender was 18 years of age or older at the time of the offense, the offender:
(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (4)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.
(ii) may be fined an amount not to exceed $50,000; and
(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.
(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.
(5) In addition to any sentence imposed under subsection (2) or (3), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, the court shall require the offender, if able, to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
(6) As used in subsections (3) and (4), an act "in the course of committing sexual intercourse without consent" includes an attempt to commit the offense or flight after the attempt or commission.
(7) If as a result of sexual intercourse without consent a child is born, the offender who has been convicted of an offense under this section and who is the biological parent of the child resulting from the sexual intercourse without consent forfeits all parental and custodial rights to the child if the provisions of 46-1-401 have been followed.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

How old was the "victim" ?

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

How old were you when they are alleging this happened?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Sex with out consent.. was the reason for questioning
Customer reply replied 2 years ago
she is 1 year older and I was 26
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Ok. That is the code I provided above. And the Statute of Limitations to file is

Code Section 45-1-205; 45-1-206 Felonies Deliberate, mitigated, or negligent homicide: none; others: five (5) yrs.; sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, sexual or ritual abuse of child if victim is under 18 yrs. old at time of offense: within ten of victim turning 18 yrs. old -

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

But for your case, the Montana Code says

(2) Except as provided in subsection (7)(b) or as otherwise provided by law, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for a felony must be commenced within 5 years after it is committed.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

And so that is why I was wondering the age.

In any case, the upshot is this The Warrant is outstanding. And that means it is active.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

I am getting a notification that you have replied again. But I do not see anything. Please let me know, if you have other questions, need more information or clarification. Thanking you in advance for a positive rating.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Thank you

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I don't understand that after so long.. and nothing.. and like u said I have kept in contact with the detective that handle the situation and he hasn't stated that there is or was.. so I'll contact the court clerk my self to see if it is or why. And see if there are actually charges or not just doesn't make sense since I have had contact with law enforcement and never been arrested.. just seems fishy cuz the detective has my number and hasn't contacted me
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Thank you. I understand it can be frustrating and the statute of limitations confusing. If they file within the SOL, then that is all that matters.

And yes, I suggest you check with the court clerk and ask about it.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

And good luck with everything.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Thank you for your time
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

You're welcome.

Ask Your Own Criminal Law Question
Ask Samuel II Your Own Question
Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: Handle criminal matters in both state and federal courts.

Samuel II is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
I live in the state of or this is for a law criminal lawyer.
I live in the state of Virginia or this is for a Virginia law criminal lawyer. A neighbor called the police in April of 2016 as she thought I was too noisy. She moved out in September of 2016. She and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
My brother was sentenced to 7 year in prison and completed
Hi My brother was sentenced to 7 year in prison and completed 5 … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
A friend was charged with criminal possession of a firearm,
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My daughter is serving an eight year prison sentence in
My daughter is serving an eight year prison sentence in Nevada. She has an interstate agreement from Arkansas. Looking for forms to request her sentence in Arkansas run concurrent with Nevada. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
Is there some law that will stop a defended being sentenced
Is there some law that will stop a defended being sentenced to prison time if under 27 and has drug charges… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
I have a questions about negligent homicide. This is what
I have a questions about negligent homicide. This is what happen to one of my family members and their 4 year old boy who drowned at a hotel. Please tell me if this is negligent homicide and if it is,… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
After being sentenced 6 years in a criminal felony charge
After being sentenced 6 years in a criminal felony charge and the public defender Attorney say they will appeal the Charges How do you know The public attorney had filed the appeal and how may days do… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x