Legal Question in Criminal Law in California

District Attorney did not pick up case, 1 year later warrant for my arrest???

Basically I was arrested for auto theft, and charged with taking a vehicle without owners consent & negligance to property ( or similar) the DA did not pick up the case and I was released. I recall them mentioning something about a Statute of Limitations. This happened 09/2002, now 01/2004 I have found out that I have a warrant for my arrest in conjunction with the case. The case information says something about a complaint being filed. My life is finally headed the direction it should be, can they really charge me now??? There has been Sheriffs at my home looking for me they have some questions about a ''dead end'' case of theirs. They claim to not have a warrant for my arrest, to top it of upon finding out at the time I was out with my uncles wife (I live at their home) the Sheriffs actually implied I was having an affair with her and offered my uncle referrence to a ''cheap'' private investigator!!! Is this wild or what?? HELP


Asked on 2/03/04, 1:34 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: District Attorney did not pick up case, 1 year later warrant for my arrest??

Wild or not, you are about to be arrested, or they wouldn't be looking for you. Contact a criminal defense attorney immediately so he can arrange booking without you being taken from your house or work in handcuffs. You can discuss the 'harassment' with the attorney to see if there is anything you can do about it. You can contact me if you can't find one to hire locally.

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Answered on 2/03/04, 2:09 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: District Attorney did not pick up case, 1 year later warrant for my arrest??

from the facts given so far, you definitely appear to be the victim of unduly official harassment. you should consult with or retain an attorney asap to put an end to this apparent "nonsense" that you are being unfairly and illegally subjected to. if you would like additional legal assistance in this matter, email us directly today on how you would like to proceed.

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Answered on 2/03/04, 1:41 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Statute of Limitations Question

Thank you for your posting, and I am sorry to hear about the situation you now face.

I can't suggest enough that you get an attorney to assist you with this matter, and here is why. Penal code section 1381, et seq., gives the statute of limitations for certain crimes. For misdemeanors, there is a one year statute of limitations. For felonies, (and theft of a car, if worth more than $400, would be a felony), there generally is a three year statute of limitations, with some exceptions for more serious crimes, for which there are longer time periods, or the statute may not apply.

The statute of limitations applies to the District Attorney filing charges after the incident has occurred, and it's unclear from your question the dates involved. It is the DA's burden to bring you to trial, or at least make efforts to do so, and a judge typically can only dismiss based upon a statute of limitations after hearing a properly noticed motion, which includes a researched and written motion before the court.

So, to sum up, they can charge you, but you may have defenses here that can completely take care of this.

I hope this helps, but if you have further questions, or need an attorney, please 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 2/03/04, 3:19 am


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