Legal Question in Criminal Law in California

8 year old warrant for burglary...speedy trial issue?

I have an arrest warrant for felony burglary dating to February, 1995 with a $20,000 bond. I know that this warrant is from a burglary dating to 1994, even though the warrant wasn't filed until 1995 (may be important, don't know).

From late 1994 (after the alleged burglary) through Nov, 1997, I was incarcerated in CO. During this time, I know the state of CO and Boulder County performed many warrant checks for all states. This warrant from CA never came up.

This morning I was pulled over for speeding and was informed there was a warrant for my arrest in CA for burglary. The officer told me that he was not going to arrest me because there was not a bond attached and that CA would not extradite from this state where I am to CA to face the allegations/charges.

Isn't this a speedy trial issue? I find it hard to believe that the county/city could not find me to face these charges. So my response is that it seems to be that they have not brought me to trial in a prudent and timely manner.

Are my assumptions incorrect? Can this be resolved with a good motion to the court?


Asked on 6/18/03, 10:25 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 8 year old warrant for burglary...speedy trial issue?

Not a speedytrial issue. The best way to deal with it is to have an attorney appear on the arrant for you and have the matter resolved.

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Answered on 6/19/03, 8:03 pm
Terry A. Nelson Nelson & Lawless

Re: 8 year old warrant for burglary...speedy trial issue?

no, you have a warrant that will continue until you deal with it in CA by responding to the charges against you. If interested in hiring counsel to do so, contact me if in SoCal court.

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Answered on 6/19/03, 10:08 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: 8 year old warrant for burglary...speedy trial issue?

The fact that you were and still are out of the state would stay the statute of limitations. You would now have to show that the state of California knew where you were during this period of time and that you were prejudiced by the delay, that is loss of witnesses or other evidence is lost.

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Answered on 6/19/03, 12:38 am


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