Arrest, Search, Seizure, Warrant Pardon me Officer? i have a $35,000 warrant for what?!?!

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mjd123

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OK the date is october 19 2004
persons involved: sister in law / sister in law's boy friend/ myself / wife / 4 month old baby girl (our daughter)
actions and general series of events: one day sister in law comes home in a wild door slamming whirlwind and goes into her room and starts yelling in her room. so my wife goes to find out why her sister is slamming doors and yelling at herself in her room... so she knocks and opens the door and sees the boyfriend going out the window( i did not see this)
she then confronts her sister and asks why she is acting this way and why her medicine bottle is empty and why she isnt at work... and why she has been avoiding us for two weeks. Sister in law says she walked out of her job because her manager yelled at her and now she dosent want to here any shit from us! so i walk in at this point because my 4 month old daughter is in the middle and the sisters are being loud so i start by laying out the adult facts and where the sister in law is in the wrong. i.e. : non payment of rent and the shady boyfriend and missing change and cigarettes and little things sodas vanishing left overs gone stuff like that and how we are not blind, stupid or ignorant of the boyfriends extended overnight stays and how we are trying to be cool about this but she is making this situation very hard to deal with and that in my opinion shes making some bad decisions and that I do not want a person(the boyfriend) in my household who MAY OR MY NOT HAVE METHAMPHETIMINE CHEMICALS CLINGING TO THEIR PERSON AND BEING NEAR OR AROUND MYSELF OR MY WIFE OR MY CHILD!(several unrelated people have seen the guy smoke or snort meth or other drugs on several occassions as we live in a pretty rural area people talk word gets around 2 bars eagles you know rural america lol ) but if she wants to date him so be it! it is her personal relationship not my area of responsibility she is a adult and can date who ever she wants, until it starts to effect my wifes and childs health then its my responsibility to prevent that from happening and that its the METHAMPHETIMINE factor i will not budge on! examples i stated: A: boyfriend sits in room where people are smoking methamphetimine
he does not join in, fine great good for him, he comes to our house lays on her bed, he leaves 30 mins later sister in law picks up baby puts her on her bed to change a poo poo diaper... meth/bed/baby not rocket science.
B: boyfiend does join in and smokes meth buys some for later, uses bathroom/garage/porch in our house to sneak a toke or two / immedietly following i or my wife or her or GASP the boyfriend carries baby thru area where meth was used. ummm duh anyone?
C: boyfriend buys meth or what ever and is followed from a meth lab or house or wherever he aquiered his dope and gets caught at our house,
meth/baby/cops/Child protective services
again not rocket science simple common sense and cause and effect.
during this speech of mine the 2 girls are still snapping at each other when suddenly the sister in law pushes my wife in the shoulder not the one shes holding the baby in and not terribly hard kind of a bap sister to sister thing..... at this point i put my arms up and step in between and turn to my wife and say get the baby seat and the keys we are leaving
as i turn to tell the sister in law to chill the f#$k out (my exact words)i see she is in a kinda daze, a kinda trance thing ive seen her do before a couple times its pretty scary to encounter. she is pushing against my hand (right) kinda like a wind up robot against a wall ya know walking in place against myhand which is touching her upper left shoulder area maybe just touching the top of her chest area my fingers were kinda half over her shoulder and as i say her name loudly several times she shakes her head and slaps my hand away.... at this point there is a slap sound (now my wife is still right there just a few feet away in the doorway and can "swear on the bible testify" i did not hit anyone or thing... at this point the boy friend yells in the window "youre going to jail you slapped her" and i say "motherf#$ker get off my property before i get out there or youre going to the hospital then jail!" and i proceed to make my way to the front door of my house with my wife yelling at me to please not hurt him ans the sister in law stands there still kinda in a bit of a daze as she is not saying anything or even seems to be paying attention again. i go out the front door... he is nowhere to be seen.... i decide at this point to grab my smokes/keys etc. and walk a 1/4 mile to a good friends house and call my wife... who says the police just showed up and that she has to call her mom because the sister in law is histerical and her boyfriend is telling her i slapped her in the face!! and the cops are saying they are taking the baby and shes going to go out the back slider and climb the fence with our daughter and walk to her moms house a mile or so away! and where the hell am i and shes crying and half hysterical herself! i calm her down a little bit assure her they wont take our kid and tell her to hang tight and call her mom to come NOW! and get the baby at the least!
so i hang up and wait for a bit and call back the cops are gone sister in law and boyfriend are gone for the night she picks me up we go home. she informs me the police took a report and that her sister is going to move in with her mom by the end of the month. i ask her if the cops wanted to talk to me or if they were searching for me and shes says that they just took a report and left didnt say anything else that she remembered but she was all wound up.
i rest assured her that i did not slap her sister and she said she knows she was standing in the doorway and saw the whole thing and that in the morning the sister in law most likely wont remember half of what transpired as this situation has happened on and off since they were little kids.
(the spells and the ... black outs? im not a doctor the episodes we'll say and they get worse when she dosent take her meds.)
so this happens and time passes and things are eventually forgotton by thanksgiving and christmas everything is back to normal as the sister in law resumed her meds living with her mom (she was 18 at the time) the boy friend went thru a treatment and got a job or 3 or 4 since and we have a reliable roommate all is good UNTIL...
3 and 1/2 years later i am arrested on my front porch for a Domestic Violence Failure to Appear 35,000$ bench warrant! assault in the 4th degree!
march 3 08 5 pm or so a pierce county sheriff(washington state) was on a call in my extremely rural town(2* see next post), the sheriff was on a call to a different address on the same street and recalled that there was a warrant for a person on some list and he recalled the town because of its being so rural and the street name (Long Street and the cross street is named Short Street. I told you its really really rural we dont have home us postal service we all have P.O. boxes and have to walk or drive to get our mail) and that he ran a Domestic Violence outstanding warrant check and got a name (mine) then he ran my name thru the Dept of licensing (or DMV) and got my address and here he was just stopping by to see if i was home and to take me to jail...{he didnt say these things exactly like this but it was pretty close}
i am arrested and jailed expecting to be released the next day and
taking care of this mystery warrant. [sidenote: the officer was nice enuf to let me change clothes re call in the warrant to make sure it was current say good bye to my stunned and crying daughter and wife and hand cuff me out of site of my family.]
during the ride i recall a letter i recieved just before we moved to our current address from the DA office stating that there was this police report and to please contact them for more info. i did and related the events as i saw them minus the info i learned at a later date. I left 2 messages and spoke to a gentleman named Mark ... i forget his last name and we moved since the event and forgot about the whole thing.
I NEVER received any further communication from the courts period NOT A SINGLE THING!
next morning i get arraingened and am told that i am a flight risk and have a history evading this charge. even though the records show that the notices the court sent out were returned and undeliverable(1* see next post). and since its been 3 1/2 years and ive shown no desire to confront these charges i should remain in custody until a pretrial date and bail should remain at 35,000$.
i am remanded into custody with a reduced bail/bond from 35,000 to 15,000
until a pre trial date is available. today tuesday march 11 2008.
bail is too expensive for us so i sit in lock up(9 days). then today i get a deal that if i do the Domestic violence program for two years report to a probation officer pay a fine of 850$ minus 600$ for time served @ 75$ a day
have no hostile contact and pay 50 a week and attend every week a DV class anger thing. then the charges will be dropped from my SPOTLESS CRIMINAL HISTORY!!
now this is long and drawn out but i have all the documentation and info to respond to questions herewith.
the above information is the gist of the situation . i can provide much more details as we discuss my case
what i am looking for is a way out of this mess, i will abide and jump thru the hoops for the courts pleasure but while i do so i would like to explore
the legalities of how this all came about and if i have any recourse for

1: getting this case compleatly dismissed or otherwise reversed
2: some type of legal complaint or lawsuit protesting the handling of my case
3: possible renumeration of any fines and or other expenses we have incurred
due to this in my opinion a fairly uncool and unfair and unprofessional treatment of my case by the court system.
4:similar cases or experiences

basically i want to examine the case with you all and tear it apart and
possibly overturn or any of the above or any other not mentioned recourses
avenues or other things i can do to help make this easier for my family to get thru. like ways i can avoid having to drive 90 miles round trip 2 times a week for a year once for a probation officer meeting and once for a anger managment class.
i am eager to see what the people involved in this forum have to say and any help or advice is most welcome and i look forward to providing you all with up to the minute details and replies to questions so you all can possibly have a real time effect on my life and this case lol this is all new to me and kind of exiting to open this up ...basically to the public and let you all see into our lives kind of scary too....
that being said i would like to thank everyone in advance for reading my story and a special thanks to the people who make this site possible.
 
(details from above post)
1*{so rural there is a sign at the city limits waring everyone in 8 inch letters that there is NO GAS beyond our town. all national forest and extremly rugged terrain several people get lost or hurt or stranded every year. and our town is the base camp for all search and rescue operations in the area south of Mt Rainer. i have a cb radio next to my pc here and am a volunteer distress channel monitor basically i keep my ears on when ever we are home and in our SUV too. im not a hero there are appox 20 people who monitor the channel during various hours its my way of contributing to the community in general helping out someones who is lost or has rolled their offroad vehicle or is hurt.
or relaying messages between groups in the field.
but i digress just trying to convey how rural it is where i live and how ironic the officer that arrested me just happened to be out here in my neck of the woods after 3 1/2 years!}
also a side note here as with any search and rescue there is official involment from the local city police and the county sheriffs office and i have had contact with at least 2 dozen different police or sheriffs officers in the past 3 years and triple that number of fire, aid car and other state agencies ie. state patrol air force, army, us dept of agriculture forestry dept, forest fire crews and managment personell do you feel my total utter disbelief twords this situation yet lol?

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2*(here is why that happened: in febuary 2005 we moved to our current address (we have lived here since febuary 2005) and have changed our phone number 4 times due to telemarketers and had it unlisted/unpublished and on the national do not call registry. just prior to our move i had my Drivers licence suspended for non payment of fines {a law that has since been repealed then re enacted } i was lucky enough to re-aquire my Drivers License during the repealed time and have since paid the fines.
but until that point the Dept of licensing showed me at the address of the event not our new address. i was unaware that there is a law that says i have to keep the Dept of motor vehicles informed of where i lived i figured if the collections agencies and credit card offers and other mail was forwarded such as magizines and other junk mail, tax retuns w-2 forms work related mail, doctors bills etc. that our state government would have access to the same information. we have cell phones, billed to this address. we were married and the state has us listed in the dept of marrage or whatever at our current address. my passport shows me at this address. my wife has changed her name on her social security card and DL they list this address, my Social security correspondence comes here, unemployment came here til it ran out.... we're talking about 3 and ONE HALF YEARS!!! and it took a quick witted patrol sheriff to run me once and happen to have a call on my street ?!?!? do you all fell my anger and total bewilderment yet?
department of social services correspondence was showing up thats a county run organization they all had my current address i simply never thought about informing the dept of motor vehicles i moved ?!?!?! why would i go down to the DOL/DMV and say hey i moved? when i still had 3 years til my license/state I.D. expires?and it was suspended until i could pay and when i did pay i updated my info.) also if a county run orginization
has my info (the state social security and social services department) and i did not tell them i moved or filled out a change of address they just knew. so it must have been automatic because all the correspondance was forwarded why did the court not find it? the officer that arrested me found me no problem. tons of mail finds me all the time, even stuff that happened 5/ 6 years ago finds me ( that damned buy 2 get 12 free cd club found me a few months ago. i had neglected to pay them like 4 1/2 years ago i guess,so i paid them off *snap like that) and dont get me started on the online activities i do that list my address, i run a online gaming group that has 3 site and appox 40 + members per site and those bills come here. i got a letter from my ISP stating that i Downloaded a movie illegally and if i continue i will lose my internet access? i downloaded a Wiggles movie for my daughter did not know it was illegal for that movie, i dont do that whole pirating sceme i pay my way thank you very much but the point is they have my address. i have internet i live in one of the most wired for internet states in the union for pete's sake!
why couldnt the courts find me? something is fishy here... someone was asleep at the switch or something. please tell me this isnt how our court system keeps track of people who commit violent crimes? please this isnt how its supposed to work is it?

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[DISCLAIMER] I guess i should say that i will examine any and all replies to my story and that i am a adult and am perfectly aware that all replies to this are for disscussion only and wont be mistaken fro actual "legal" advice
, excluding quoted portions of state or federal laws pertaining to the case at hand.
I will give out my e mail if requested to any
"certified""qualified" actual lawyers or para legals or any other "official" members (not bar certified but well versed in my particular type of case)that would like to contact me. or offer pro bono advice.
i hope that makes sense. lol i havent slept proper in over a week.

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Please excuse the ... compactness of the original post it actually was 17000+ characters long and appearently this site only allows 11000.

so i took out the un needed facts and filler to make it fit.

i would not want to break any forum rules concerning number of posts so ill just make one more with the actual court orders
and let you all digest my post and ask for details ... again thx this is kind of a relief to pound this all out takes a bit of the strain out of my neck to open this up for discussion.

btw i spent around 2 hrs reading around this massive forum and searching for related or what not topics. ( wow ! its so big!) and eventually found myself posting here @ moderators / admins please if i have posted incorrectly,
forgive me and move this all to where it should go?

that being said i would like to thank everyone in advance for reading my story and a special thanks to the people who make this site possible.

Mike J.
 
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Court Orders Received

(from the Documents i received Tuesday march 11 2008)

Report to probation for supervision within 24 hrs.

Pay fine of 850$ - time served @ 75$ per day = 250$ can take 10 months to pay.

Attend a victim impact panel DV

Complete a Batterers Assessment and any follow up Treatment recommended.

have no Hostile Contact with sister in law.

if i comply with these orders i will have the charge dropped from my record.

the maximum sentence is 365 days in jail and 5000$ fine. for non compliance.

our county has had a recent problem in the city police department.
the police chief murdered his wife in a mall parking lot in front of his kids and then killed himself.

the problem was there was a cover up re: past DV history of the chief and his wife and how it was hidden and covered up and then the cover up of the cover up. bottom line... lots of people fired a civil case pending and a general no non sense policy twords DV and related acts.

now i agreed to the fact that the police report is sufficent enuf to find me guilty and i waive a bunch of rights to a speedy trial, witness questioning, testamonies for or against/ a jury trial etc amd so on and so forth....

Prosecutions Agreement:

1. Dismissal of charges
the DA agrees to dismiss the Assault 4 DV charges at a hearing set for 2 years from today upon proof of my compliance with the above orders.

i agreed to these orders to get out of jail as it was possible i would be remanded for 60 to 90 days waiting for a jury trial date. and that is a chance i could not take.

so there it is it leaves a bitter taste in my mouth that i am experiencing this right now. as far as my sister in law? shes family and family is family no matter what. also she has a medical condition and she was coerced.

my wife agreeing with the events at the time? to protect our child. nuff said there.

boy friend lying about the events and using a false name to submit a police report? well lets just say i never liked the guy and since all this came out
i still dont like him.

sooooo is there anything here that was illegal or violated my rights?
the way the courts did not try and find me? the way the warrant was served?

some kind of ethics violation? or is this actually how our court system works?
what did i do wrong that i deserve to spend 9 days total away from my family
and now have to spend 2 years kissing some probation officers ass and pay upwards of 2800$ over the next year and have to live in constant fear im going to get pulled over or the car will break down on the way to class and ill goto jail for a year?

What other information can i provide or should provide to assist the gurus here in examining this case?

thank you all again for reading and start the questions a-coming.....

Mike J.
 
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