Legal Question in Criminal Law in California

Re: 10 year old warrant served

Warrants have no limitations period and are just as valid after ten years as they are after ten days. It's odd that this warrant didn't come up sooner, but that doesn't change the fact that the warrant is valid.

Tracking down everyone with an outstanding warrant would be costly and time-consuming, so the police don't do it in many cases of relatively minor crimes. Instead, after a preliminary search, they simply wait for the suspect to be caught speeding or otherwise come into contact with law enforcement and execute the warrant then. This seems to be what happened to your wife.

Speedy trial rights attach when a defendant is arrested or otherwise given notice of the charges against her, not when the arrest warrant issues. It makes no sense to say a defendant who has eluded capture (whether wilfully or not) has a right to a speedy trial.

Depending upon the facts and the evidence your wife may have some very strong arguments she can make in her defense. The ten-year delay, though, isn't likely to get her very far by itself.

Re: 10 year old warrant served

You should hire an attorney immediately to defend your wife against the charges and fight the DA. Sounds like real BS that they arrest her on a 10 year old warrant. Depending on the charge, you may be able to get this thrown out on a motion, which would be inexpensive. Good luck.