Legal Question in Criminal Law in Washington

statute of limitations on misdemeanors

between five and seven years ago I was on probation for dui, third degree theft.I didn't go to treatment or pay the fines. I also have 2 driving while suspended third degrees that I didn't go to court on in the same time frame.I have been in methadone treatment for 4 years, am in my second year of college. what are the statue of limitations? I haven't been in trouble in 5 years, what should I do? how can I take care of these without getting a lawyer, I can't afford one.thanks for your help....S


Asked on 2/16/02, 5:40 pm

1 Answer from Attorneys

Jessie M. Archibald Attorney at Law

Re: statute of limitations on misdemeanors

The Statute of Limitations applies to the time limitation for PROSECUTING CRIMINAL OFFENSES. Since you have already been convicted of DUI and theft, the SOL does not apply. In your situation, you were probably found to be in violation of the sentences for your convictions and more than likely the court issued a warrant for your arrest when you failed to appear for your hearing. To take care of a warrant, you need to contact the court clerk and schedule a hearing to quash the warrant. However, you do run the risk of being placed in custody because of your failure to appear. In addition, the court has authority to impose the remainder of any time it suspended on your original sentence. Usually, it is better to face up to the court rather than eventually being picked up on the warrant. Obviously, you are in a better position in front of the court when you turn yourself in than when you are picked up on a warrant. For your DWLS 3rd charges, if you failed to show up for your arraignment, then you probably also have warrants issued for these and again, the SOL will not apply because the warrant tolls (or stops) the SOL from running.

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Answered on 2/18/02, 12:28 pm


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