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AGO moves to close criminal proceedings against 3 convicts
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Posted on Feb 26 2006
The Attorney General’s Office has moved for the closure of criminal proceedings in three separate cases against three convicts who failed to appear during review hearings.
Chief Prosecutor Jeffery Warfield Sr. asked the Superior Court to close the cases of Ariel Abasolo, Siwel Timothy Alexander, and Liyan D.Aldan, after the Department of Public Safety failed to serve the bench warrants issued for the arrest of the defendants prior to the expiration of their probation.
Warfield stated in court documents that Abasolo was scheduled for a review hearing on June 14, 2001, but he did not appear.
The court issued a bench warrant and imposed a $300 cash bail for Abasolo for failure to appear.
Warfield said Abasolo’s probation expired on Aug. 8, 2001.
The chief prosecutor said Alexander was scheduled for a review hearing on Nov. 12, 1997, but he failed to appear in court.
A bench warrant was issued and a $5,000 cash bail was imposed on Alexander.
Alexander’s probation expired on Nov. 20, 2001.
Warfield said a review hearing was set for Aldan on March 16, 2000, but the defendant failed to appear.
A bench warrant was issued and a $100 cash bail was imposed. Aldan’s probation expired on May 14, 2002.
Warfield disclosed that the bench warrants that were issued in the three cases were not served prior to the expiration of the defendants’ probation.
The chief prosecutor said pursuant to the criminal code, “the court may only revoke the defendant’s probation for violating the terms of probation prior to the expiration of the term of probation.”
Warfield said the law states that “if the court has not revoked the order of probation and imposed sentence before the date of defendant’s term of probation has expired the defendant shall be discharged from said probation by the court.”
“For good cause, the Commonwealth believes it is the interest of justice to grant its motion to quash bench warrants and close the criminal proceedings,” he added.
