DEAR SERGEANT AL: Fifteen years ago I committed a crime that I
regret I did that is absolutely haunting me. I was never caught but I could go
to jail for a long time if it were discovered. I didn’t physically hurt anybody
but now that my life has changed in many ways for the better, including a child
on the way, I’ve been having this overwhelming feeling to come clean. Should I
confess or make restitution? —THE
FUGITIVE
"Not even God Himself, Sir,
proposes to judge man, yet until his final days." --Dr. Samuel Johnson
DEAR DR. KIMBLE: You may not realize this yet, but you have
already taken the first steps toward becoming a brave man. Congratulations on
becoming at least honest with yourself and for sharing this with me and thus
with my readers. I do not know who you are other than being one of God’s
children like me with all of our virtues and faults to know that if we were
made in His image that we are all not perfect. And if we are Christians (well, most
of us, as well as Jews, Muslims, Buddhists, Shamans, Spiritualists, etc. as no
one religion I believe has a virtue on morality) and if America is supposed to
be a “Christian nation,” then we should all know we have no right to judge one
another just because we are different in some way. As Christians we are
supposed to believe in UNCONDITIONAL LOVE, no different than what a puppy does
for us, to accept one another for who and what we are be it be black, white,
gay, straight, man, or woman. In that, I love you my brother human being, I
feel your anguish over this horrible crime, whatever it was you committed, and
I hope that some day you find it within your heart to in some way seek justice for
yourself if not on your Judgment Day before God, then to the people who you
hurt with the crime you committed.
Before I continue let me cover myself: an
attorney client privilege does not exist here, as I am not an attorney. If
anything a confidential source applies as I am more of a journalist in this
situation than anything else. As I am a retired police officer I do not have
the sworn duty any longer of submitting your email to the authorities to
apprehend you, besides the fact you did not specify what crime it was that you
committed. I DO NOT WANT TO KNOW WHAT IT IS. All that I can guarantee is that
whatever you shared with my readers and me here stays here and I will not
pursue the matter any further. With this stated, the best advice anyone can
give you right now IS TO TALK TO AN ATTORNEY. Once you sit down with an
attorney and tell them EVERYTHING, the attorney client privilege exists
forever. Your lawyer cannot report you to the police or prosecutor, he/she is
duty bound to protect your interests, even if you decide not to hire him/her to
represent you. A lawyer can tell you what your options are, what strategy for a
best defense you can get, and what possible legal and pragmatic repercussions
can result by you turning yourself in and confessing. SO please, do yourself a
favor, as most likely the consultation will be free if it’s a good lawyer; go
talk to one.
When you search for one please keep these several
facts in mind: I do not know what state you are in, so I am going to assume you
are in my home state of California, but these rules apply universally
throughout the other states give or take a year here or there. Here are six things you should know before
turning yourself in to the police for a crime you in fact committed:
1.
Regardless of the statute of limitations, once a Grand Jury has
indicted you even without naming you specifically, you can go to jail for your
crime no matter how long ago it was committed, at any time be it be next year, 30
years from now, or on your deathbed as a dying confession that you surrender to
police, regardless of what the felony is. Although you say you didn’t
physically hurt anybody, this mostly applies but is not limited to sex offenses
where the offender is identified with DNA left at the scene of the crime. The same goes for a bench warrant: once issued it lasts forever.
2.
According to section 799 of the California Penal Code, if you
committed murder, any offense punishable by either life imprisonment or death,
or you embezzled public funds, there is no statute of limitations. You can’t
wait it out. Regardless of how long the time is, if you either surrender or
they catch you, you will go to jail.
3.
For other felonies: offenses punishable by 8 or
more years in prison: the statutes give you 6 years to get caught; other offenses
punishable by imprisonment: you have 3 years before you're Scott free.
4.
Misdemeanors: If you were under 14
when you committed a misdemeanor you have three years for them to catch you. If
sexual exploitation by physician or therapist, you have 2 years. For any other
misdemeanor: 1 year.
5.
If you committed the crime out of
state and it was discovered here, extend three years to your statute of
limitation time clock.
6.
Violations and traffic infractions
have to be committed in the officer’s presence NOTE: PRESENCE: does not mean necessarily that he had to
eyeball it. If facts and circumstances lead him to believe as he was
standing there while the infraction occurred that no one else could have
committed it, then you’re left holding the bag.
DR. KIMBLE I hope you understand now why it’s so important for you to talk to a
lawyer. Finally remember this: no matter what you do, if by chance the police
come to arrest you, DO NOT TELL THEM ANYTHING OTHER THAN PEDIGREE INFORMATION.
TELL THEM YOU WISH TO SPEAK TO YOUR ATTORNEY. Hollywood makes it look like
lawyering up is a bad thing. It is not. Say nothing to the police. Once you
tell them you want a lawyer your Constitutional rights automatically apply
guaranteed. ALL QUESTIONING MUST STOP. This is another reason why it is best to
have an attorney represent you before you get arrested. RICHARD congratulations on
your upcoming child to hope that with new responsibilities in your life that
you have truly turned another leaf to learn from your mistake and to realize
you are about to become someone else’s Dad to set an example for your child. If you decide not to turn yourself in, then I hope that you find some way to make
restitution against your victim(s), even if they are not knowingly aware that in
fact you are. Regardless you need to put this behind you and move forward, you
just need to find a way to make peace with yourself and the ones you hurt. I
hope some day you do. May God and whomever you offended have mercy on your
soul, and I wish you and your family peace, prosperity, and well wishes. Good
luck sir!
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Sgt. Al here. I welcome your comments, ideas, and suggestions. You have questions about the police, and I'm interested in hearing what you have to say as a citizen. Thanks!