Wednesday, August 8, 2012

DEAR SGT AL: I DID IT!


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!

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