Legal Question in Criminal Law in California

statue of limitation

I was charged with being under the influence of a controlled substance, I failed to appear at sceduled court date. What is the statue of limitations on this warrant to go off my record?


Asked on 2/13/02, 2:10 pm

4 Answers from Attorneys

David Diamond Diamond, Burt, & Akhkashian,LLP

Re: statue of limitation

The warrant can be removed, but an appearance needs to be made by an attorney or the defendant. We deal with advising clients on this matter (as well as in other states). We do not charge for a consultation. 213 384 2220 DAVE

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Answered on 2/13/02, 2:24 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: statue of limitation

To answer your question, there is no statute of limitations. A bench warrant was issued when you failed to appear. It lasts forever. If you are stopped for any reason in California and a warrant check is run (and they usually are), you will be arrested on the warrant. If you want to clear this up, you will need to appear in court (in most cases) and explain why you failed to appear. A good reason (which we can come up with) will usually result in the warrant being recalled. Then the case will proceed from where it was when you failed to appear. You don't say how long ago the warrant was issued, but sometimes the passage of time makes it difficult (if not impossible) for the prosecutor to go forward with the case. Many factors will determine how it will resolve itself. I recommend that you hire a lawyer to assist you if you decide to clear this matter up. If your case is in LA, don't hesitate to call me for a free consultation. Steven Mandell Attorney at Law 310.393.0639

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Answered on 2/13/02, 2:54 pm
J. William Savage Rieke & Savage, P.C.

Re: statue of limitation

There IS NO "statute of limitations" for the warrant. Both the warrant for arrest, and your pending charge, will remain open indefinitely.

There is a way to minimize the consequences to you, but you will need to take action sooner, not later -- the sooner the better. Good Luck.

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Answered on 2/13/02, 3:15 pm
David Diamond Diamond & Associates

Re: statue of limitation

Warrants do not expire with a statute of limitations for policy reasons. And, why run and hide? Call us to discuss so that we can get the warrant, and your mind cleared: 310 277 1707. Thank you for your question.

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Answered on 2/13/02, 6:08 pm


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