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PDF Editor FAQ

How much time can you do for a warrant from another county or town if they never come and get you?

This is a great question and it is absolutely essential to understand why one must understand that while answers like the one given by Nanci Jean are absolutely correct they sometimes are not what the question “asker” is looking for because depending upon ones position this is observed from very different angles.So let us say that you are arrested for a standing bench warrant in another county. This often will mean that you were issued a summons and failed to appear in court or it could mean like in the case of my son you were charged with DWI but were never driving and you were charged with underage drinking and you accepted that you were guilty of this and plead guilty in front of the judge who agreed that the DWI charge would be dismissed.Your $200.00 fine is paid for the drinking underage and you go about your life but… just as the ticket for DWI should have never been written since you were not pulled over but only found to be underage at a party another error is made in that the court clerks were not made aware that the DWI charges were all dismissed.To them it looks like you didn’t bother to show up for court and a standing bench warranty is issued.In Minnesota a bench warrant typically means that you are not considered to be a menace and no police will be sent out to find you and arrest you but if you are ever questioned “on a street or public location” an officer will be informed of your warrant and will arrest and detain you for it anywhere in Minnesota and increasingly in other states which is sometimes silly but sometimes understandable (another DWI in another State for example). Not saying I agree with DWI laws only that it would indicate an increase in violation of said law and presumably an increased penalty.So… we took care of my sons issue because I am constantly checking local counties active warrant systems as part of my activist activities and I simply called the courts and asked what was going on. They apologized within minutes and said it was a clerical error.OK… but what if my son had not known of the warrant being issued?And what if years from now he is arrested way up north hundreds of miles away in a very poor county?Well you see the problem is the arresting officer would logically assume that my son had fled a DWI charge and was now facing felony charges back in our home county.My son would be treated as if he was inimical to public safety and most certainly a flight risk since he had already fled a serious criminal charge.In his statement of probable cause the officer would rightfully tell the judge that my son was being held on an outstanding warrant issued by Blue Earth County Minnesota for DWI and that he could not possibly be released on bail as he had already demonstrated a willingness to evade justice by fleeing the charges he faced in another Minnesota district.The judge would likely refuse bail and order my son to be held until he could be transferred to Blue Earth County to face the charges he had fled.Now here is the key to this question… my son would immediately sit down and right on a piece of paper his name, the date, and he would say, “I am requesting my right to a speedy trial and I demand that I be granted this right by any Minnesota court that claims at this time to have right to hold me to face any charge valid or otherwise.” and he would sign his full name and give it to the Jail staff requesting that it be delivered to the judge who demanded he be held by them.My son would do this because well… he is my son after all.But he also knows from example that the right to a speedy trial is absolute BUT must be demanded in order to be enforced.Now he would write it this way because he has been taught to write it this way but he also knows that one could write, “You think you got me you bastards? Well let’s get it over with: Bring it on!” on a piece of toilet paper as long as the date was on it and it was signed it does meet all of the requirements of a demand for speedy trial. His uncle Rodney Allen Miller did exactly that from solitary confinement in Stillwater Minnesota State Prison in the early 1990s when he was locked down for supposedly arranging a triple homicide that my other brother Gary Miller was accused of committing.Now Rodney knew that as of the moment he handed over this piece of toilet paper the state had exactly six months to bring him to trial for the charges he was suffering extra confinement for and thus being punished for without trial.Yet he also knew that there were many other charges that would eventually be placed against him including smuggling drugs into prison (32 other people and 12 guards went down for those charges as well) and for something called racketeering as well as being accused of violating something called the RICO act in that he was accused of running a criminal enterprise that was in it’s existence solely interested in criminal acts for profit. Six months in solitary confinement is a very long time… but my brother Rodney did not yell “Hey let me out of here I gotta see a judge” on day number 186. He could have but he did not.Instead he waited… on about day 558 he had his day in court and told the judges he was absolutely guilty of everything anyone wanted to claim. Of course he arranged for murders and of course he ran drugs and of course he was a stone cold gangster worse than Al Capone ever dreamed of being and more than that he held up a liquor store that someone else is in prison right now for after being wrongfully convicted and he was ready to do the right thing and confess so this poor soul could be freed from the tyranny he has endured.Rodney spent hours reciting crime after crime after crime and he just let the years build up that he would be serving for these crimes. The district attorney was practically in heaven not having ever dreamed of solving this many crimes and getting someone like Rodney Miller to confess to them - well he was gonna make sure every prisoner spend 18 months in solitary confinement from now on!However his happiness was very short-lived.This is because Rodney said ‘Now that you guys have everything you need to know about every crime I have ever committed can I go now? Can you take these handcuffs off please? In fact I expect to walk out of here not only a free man but without any oversight or supervision. And when I leave here if one cop looks at me with any interest what so ever, I am going to sue this state for harassment and repeated violation of my civil rights so fast that the State itself my go bankrupt.Because my demand for a speedy trial was ignored by this idiot and every other officer of the court not for 6 months and a day as the Constitution declares is a violation of my civil rights but for three times that long while I suffered confinement specific to the charges brought. So once again… I am as guilty as anyone ever brought before you in this court. I am worse than the charges I have just admitted to but I ask you… am I more dangerous than a State over-run so rampantly with abuse of power trusted in them by the citizens of this State that they actually believe that they are above the United States Constitution anytime they choose to be? I ask you, how many people could I kill in committing my crimes compared to how many this man can kill (pointing to the Prosecuting Attorney) while abusing the power granted to him by the state? How many has he murdered already while he tortures them by throwing them into a hole and awaiting their suicide? You tell me who is the greater threat here your honor. A thug from the streets? Or a systematic and mechanical organization designed to do nothing more than punish and abuse at will outside of any rule of law?Well that court did not want to touch it… and instantly sent the issue to the Minnesota Court of Appeals which I have to admit I was astonished that they could do… but I like the fact that it can be done.In affect the lower court refused to decide what should be done and cut through all of the red tape that is usually involved and the Court of Appeals heard the case at once or at least very quickly.I paraphrase here but the original judge wrote to the appeals court saying something like, “I know what has been violated here but I do not know how to hand down a directive. I beg of your honors to shoulder the burden in this case because I do not believe that we as deliberate evaluating mechanisms can simply release this man of all punishment for all of these crimes due to the ignorance he has clearly taken advantage of here can we?” Now if I remember right that judge did have to rule that my brother was guilty but he knew what was about to happen and so did my brother and I.The response was exactly what we knew it would be, "The state's failure to bring an inmate's . . . charges to trial within six months without a showing of good cause requires dismissal of the charge, regardless of its severity," wrote Appeals Court Judge Roland Amundson.No admission of guilt in any subsequent charge, or in this case entire groups of charges, could over ride or be allowed to circumvent the absolute Constitutional right to a speedy trial if demanded by one who is charged by the State and once that original failure occurs the State may not circumvent it’s obligation to release the prisoner by expecting punishment for subsequent charges related or unrelated to the charge which the State failed to prosecute legally.Now before either side starts booing or cheering my brother admitted to crimes he never did commit in order to payoff guys inside who then paid off others who then paid off others etc etc etc… it is a dirty business surviving on the inside and deals are made that are not only unsavory but sometimes just as wrong as crimes committed on the outside. And I can assure you that the triple homicide he was accused of ordering my brother Gary to commit was not something that Rodney was guilty of, and in fact I discovered after Gary died in prison in 2012 from inadequate health care after serving 22 years of a triple life sentence, a crime that Gary was guilty of either. But I will save that for the biography I suppose.And for those who want to demand that justice be revealed my brother Rodney was shot three times in the back by a State Trooper while unarmed on Christmas Eve in 2004 who was investigated and found perfectly justified because apparently Rodney was attempting to run him over. However they did have to taser afterwards to get him to exit the vehicle so one would think he could have pressed his foot down on the gas if he had indeed wanted to kill the Trooper. He apparently chose not to after getting shot three times in the back. No side ever wins when it comes to cops and robbers and don’t ever forget that please.So… in answer to the question and of course what my son knows and how long he could be held if everything went wrong and every mistake was made after he hands over his demand for a speedy trial?The answer is 6 months and one day.Thank you for your consideration.BTW for anyone interested: the Star Tribune is not to blame for getting this wrong in a number of aspects it was fed to them by the prosecuting attorney Rodney left prison less than a year after this was printed not after another 7.5 years as stated would be the earliest he could be eligible for parole. And he wasn’t paroled he was simply let go without conditions.The article does show a very odd thing however.Note how it starts out by explaining that murder charges were dropped and thus he at that time had not been convicted of those charges yet goes on to explain that he was absolutely guilty of the charges AND that he in fact helped plan the murders… that he was not found guilty of… innocent until a smart-mouthed DA decides you are guilty apparently. And by placing ‘his attorney Mark Wernick’ who only commented on the supposed sentence inside the statement that Rodney was guilty of helping to plan the murders it was implied that Rodney’s own attorney was admitting his guilt as well. I think this was the moment that Rodney decided that if he was going to be guilty even if charges are dropped then he might as well be guilty of everything. Everything under the sun.

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