QUESTION
What happens if a person with a warrant over 10 years ago got caught?
Asked on Nov 18th, 2011 on Criminal Law - Nevada
23 ANSWERS
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
It depends on why there was a warrant and what the warrant is for.
Answered on Jul 03rd, 2013 at 12:31 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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No.
Answered on Jun 02nd, 2013 at 9:25 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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No.
Answered on Jun 02nd, 2013 at 9:24 PM
Jacob P. Sartz
Warrants generally may go on for a long time. Occasionally, older warrants are dismissed by prosecutors to clear up old files in the court's docket. Occasionally, courts loose track of very old warrants or they may close the file on their own. However, the warrant itself will usually stay in effect for a long period of time. Now, if the warrant is related to a pending case, it may be more difficult for the prosecutor to continue with a criminal charge if there has been a lengthy delay. However, in most situations, the warrant itself is generally valid and it usually tolls any potential statute of limitations issues.
Answered on Nov 30th, 2011 at 8:15 PM
Michael J. Breczinski
Normally they will be prosecuted and if they were out of state that tolls (that is stops) the running of any statute of limitations.
Answered on Nov 29th, 2011 at 1:04 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. That is the purpose of a warrant. It stays any statute of limitations. With so much time passing, it may be difficult to prosecute the case for evidentiary reasons, but the case could still proceed.
Answered on Nov 28th, 2011 at 3:00 PM
3 Awards
Some warrants have an expiration and some do not. If the warrant is pre-plea, pre-trial, then the prosecution may have trouble proving the case now that so much time has passed; there may even be a due process problem preventing the defense from presenting a full defense. If this warrant is post plea or trial, and really only deals with the sentence, then person is probably just getting sentenced - it is possible that staying out of trouble and good works gets some consideration. Best thing is to get a good attorney to help person figure out their best options.
Answered on Nov 28th, 2011 at 12:57 PM
3 Awards
Yes, they can still prosecute him. Depends what that person was doing for ten years to see if the police used due diligence. Hire an experienced trial lawyer and fight this.
Answered on Nov 28th, 2011 at 12:55 PM
Probate Attorney serving East Hartford, CT
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Leone, Throwe, Teller & Nagle
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There is no automatic expiration date on an arrest warrant in Connecticut. There may be a defense based on the statute of limitations if the defendant did not leave the state before the warrant was issued, and if the police did not act diligently to try to serve the warrant. In some instances if a defendant was incarcerated on other charges, and tried to get the police to serve the warrant, there may be a violation of his rights to speedy trial or under the Instate Agreement on Detainers. These are complex and fact-dependent issues about which the defendant should consult an experienced criminal defense attorney.
Answered on Nov 28th, 2011 at 12:49 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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The person will likely go to jail. No, there is no time frame.
Answered on Nov 28th, 2011 at 12:43 PM
Warrants never expire. If you have a ten year old warrant, then the next time you have contact with the police and they check for warrants you will be arrested. If you are arrested on a warrant you will not be released O.R. and you will not be allowed bail. If you have an outstanding warrant you need to consult with an attorney now.
Answered on Nov 28th, 2011 at 12:36 PM
Generally, warrants do not expire. There are people wanted on felony charges for decades. Occasionally, we read in the newspaper about a person who has been in hiding for 20 years and is arrested.
Answered on Nov 28th, 2011 at 12:35 PM
Assault Attorney serving Richardson, TX
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The warrant is still valid but the underlying charge may be subject to attack.
Answered on Nov 28th, 2011 at 12:32 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Once caught, you will be arrested and prosecuted, so it is better to just turn yourself in.
Answered on Nov 28th, 2011 at 12:22 PM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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There is no statute of limitations for a warrant. The person will have to answer for the underlying charge.
Answered on Nov 28th, 2011 at 11:39 AM
The warrant is technically still good. There may be other defenses available. I suggest you get an attorney ASAP to deal with this.
Answered on Nov 28th, 2011 at 11:34 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. The warrant sticks forever. You should straighten it out.
Answered on Nov 28th, 2011 at 11:28 AM
No, there is no time frame. The warrant is valid until the day you die. Consider hiring an attorney to go and recall the warrant. It's much better than showing up by yourself, or being pulled over for speeding and being taken straight to jail.
Answered on Nov 23rd, 2011 at 8:41 PM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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No, warrants can be active for a lifetime, usually felony warrants remain active.
Answered on Nov 23rd, 2011 at 7:47 PM
Daniel Kieth Martin
There is no time limit. Warrants are in effect until a person is arrested.
Answered on Nov 23rd, 2011 at 7:43 PM
Criminal Law Attorney serving Chicago, IL
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Law Offices of Steven R. Decker
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Once the warrant has been filed with the court clerk it remains valid until the defendant is caught. The statute of limitations does not expire.
Answered on Nov 23rd, 2011 at 7:41 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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A warrant is valid and enforcable forever once it is issued, but there may be other issues involved when a case is that old (evidence has been lost, witnesses are unavailable, investigators have retired, etc).
Answered on Nov 23rd, 2011 at 7:20 PM
Personal Injury Attorney serving Las Vegas, NV
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James E. Smith, LTD
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Warrants don't have time limits or statute of limitations. This is because the person has either not appeared in Court or has skipped out on Court.
Answered on Nov 23rd, 2011 at 7:11 PM