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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My son signed a global plea and armed robbery (bank) in

Customer Question

My son signed a global plea for burglary and armed robbery (bank) in April 2015 and is serving in Clayton, NM (11 years). On January 8th 2016 he was served a warrant for burglary of unsecured undercover police car. (this happened in 2014) My questions are:
1. If my son signed a global plea in April of 2015, would the above be included in the global plea?
2. If it does, does he not have a right to due process, starting from the day he was served?
He was served the warrant in prison, then transported to the Clayton detention center and was booked and processed by the Clayton police , then returned back to prison where he is serving presently in NENMDC, Clayton, NM. Does he have a case for his right to due process being violated because it took 4 years to serve the warrant, and it's my understanding that there is a 72 hour limit after serving the warrant to be arraigned and 10 days after that to charge or request plea. None of this part of the due process has been carried out in a timely manner. I feel that this is a civil rights violation. At the least, it should have been covered unter the global plea signed in April of 2015.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

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.

Customer: replied 1 year ago.
Attached are documents relating to 2012 charges for which he was booked and held for at that time. Also, warrant, plea and disposition agreement and judgement, sentence and order determining habitual offender status.
It is my opinion and belief that they were fully aware of these charges prior to offer of plea agreement. Please advise in detail how I should proceed and type of attorney I should seek to represent and defend my son from this violation of due process and speedy trial And why they are charging him with burglary of a vehicle and larceny when the plea and disposition clearly states "the following charges will be dismissed or if not yet filed shall not be brought against the defendant."
Thank you for your consideration and advice.
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Expert:  Peter Griesch replied 1 year ago.

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.

Customer: replied 1 year ago.
On January 8th of this year when the warrant was served while he is in prision, and he was arrested and finger printed into the clayton detention center. does that not start the 72 hr arraignment clock? Or is what the curry courts (that served the warrent) say is true, this will remain an open warrent until he comes back to curry county.. Please explain why any warrent can remain active for 11 years! Where does his right to speedy trail come in to play. I don't see how the warrent can be served on oe date Jan. 8th 2015 and held open until his release in 2020.
Expert:  Peter Griesch replied 1 year ago.

The affidavit and warrant are dated Jan 8, 2016. If he was arrested thereafter, and fingerprinted, etc., he should have been timely arraigned.

Customer: replied 1 year ago.
also if he was arrested in 2012 how was he held without bail and never arraigned.I believe this charge and warrent were held as a scare tactic durring the process of the plea deal. in my opinion to keep him from the ability to go to school to better himself. with this open charge /warrent he is unable apply for any classes or jobs for fear of being transported back to the county ad held indeffintly before being sent back to the prision he is currently assighned. what is in his best interest and how should he proceed
Expert:  Peter Griesch replied 1 year ago.

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.

Expert:  Peter Griesch replied 1 year ago.

Please let me know if you have any additional questions. If not, please remember to rate my response. I only receive credit from Just Answer if my response is rated. Thank you.