Legal Question in Criminal Law in California

Stutue of Limitations

My buddy was charged with Possesion of a controled substance (cocaine) resisting arrest, under the influence, traffic violations. He then jumped bail, was later arrested in another state, Texas; where he is servint a term on a different case. His concern is the statue of limitations on the charges stated above.


Asked on 5/28/05, 7:58 am

1 Answer from Attorneys

JOSEPH SHEMARIA LAW OFFICES OF JOSEPH SHEMARIA

Re: Stutue of Limitations

Your buddy has no legitimate hope for the statute of limitations barring his prosecution when he is done in Texas. When he jumped bail in Cal., he failed to appear for his arraignment and a bench warrant undoubtedly issued for his arrest(unless the case was a "reject" by the prosecutor's office). The statute governs the period in which charges must be filed. Here the charges were already filed, probably before he got popped in Texas. Cal.'s warrant will act as a detainer when he is done serving Texas time. He will be extradited to Cal. assuming the case is substantial enough to warrant extradition expenses.

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Answered on 5/28/05, 11:27 am


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