Legal Question in Criminal Law in California

You need to speak with me or another experienced criminal defense attorney ASAP. My office number is 661-267-1313. We can go over all the facts I will need to know, to further direct you an how exactly to proceed. I shall await your phone call......David Wallin

Warrants never expire, and the state will never have to permanently close the case unless and until it learns you have died. The statute of limitations only sets a deadline for the state to file charges. The charges were evidently filed long ago. As long as that happened before time ran out, the statute has been satisfied.

As Mr. Wallin suggests, you should contact a California lawyer to discuss your rights and your options.

Good luck.

I agree with Mr. Hoffman. Bench warrants do not expire. The statute of limitations applies to the time limit for the prosecutor to file charges, which has already happened. It does not apply to any other portion of the case.

There is no statute of limitation on warrants. That would allow a 'run and hide' defense to criminals. Not a good plan for society benefit.

Warrants are 'forever' until cleared. The case is never 'closed' simply by time running once it is filed. To handle [clear] a warrant, you MUST turn yourself in to the issuing court, with or without an attorney. If this was just a traffic ticker or other infraction, you can go turn yourself into the court clerk�s office and ask to be put on calendar and see the judge. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, an attorney can appear in court without the defendant being present � which is safer and avoids immediately being taken into custody. Turning yourself in voluntarily will result in a better outcome than being brought in chains to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the country.

You�ll try to negotiate a recall of the warrant[s] and seek bail reduction or OR release on the new failure to appear charge[s] or probation violation[s] that caused the warrant.

You�ll try to negotiate a dismissal, plea bargain or take to trial any outstanding charge that led to the warrant.

Effective plea-bargaining by your attorney, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, and may enable you to get your probation and programs reinstated. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.