Legal Question in Criminal Law in California

Warrants Statue of Limitation

Hello, I would like to know if there's a statue of limitations on a Misdameanor Warrant. Its possiblly 13 years old. How does the courts look at something so old. Also would this affect a normal job background check or passport. Thank You


Asked on 2/26/05, 8:53 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Warrants Statue of Limitation

Statutes of limitation have nothing to do with arrest warrants. They simply set the deadline for the prosecutor to file charges in a given case. If charges were filed before the statute ran out, you can still be prosecuted even if it takes the police decades to find you.

The warrant you describe is probably still in effect. The police probably are not actively searching for you, but if they happen to find you they will probably arrest you and the prosecutor will decide whether to proceed with the case.

A routine traffic stop is the most likely way you will be found, but you might also be found at a border crossing, in an accident investigation or in any number of other ways. Unless you want to have this hanging over your head for the rest of your life, you should get a lawyer and see what you can do about it.

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Answered on 2/27/05, 4:14 pm
Terry A. Nelson Nelson & Lawless

Re: Warrants Statue of Limitation

Warrants are forever. If you have one, and get pulled over by police, they should take you to jail and then to the issuing court. You can expect to spend at least several days in jail, especially if arrested on the weekend or shortly before. To clear this up, you should get an attorney to appear in that court and get the situation 'sorted out'. If the warrant is for charges that you never appeared on, the case will have to be negotiated or tried, just like it should have been at the time. Contact me if the court is in Southern CA and you want to discuss having me do this for you.

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Answered on 2/27/05, 9:19 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Warrants Statue of Limitation

There is no statute of limitations on a warrant. It will be very difficult to prosecute a case that is 13 years old. Contact and attorney and have the attorney investigate and attempt to get the warrant withdrawn. You are at risk of being arrested on this warrant. This most often occurrs when in conjunction with a stop for a minor traffic violation.

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Answered on 2/27/05, 1:51 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Warrants Statue of Limitation

Thank you for your inquiry.

The best advice you're going to get regarding any warrant, is that you, or even better, your attorney, should clear up the warrant as soon as possible.

There is no statute of limitations on a warrant, although there are ways of fighting old cases, after the warrant is cleared up.

If you have more questions, or would like legal assistance, feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 2/27/05, 3:55 am


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