Legal Question in Criminal Law in California

Hello, my question is in the state of California if someone had signed a Harvey waiver, did their time, got out, with the promise he would not get in any trouble until he got off probation, but then he got in trouble before that time was up but he wasn't there when the cops showed up and hes been running for five years, is there a statue of limitations for that Harvey waiver he signed years ago??


Asked on 6/25/16, 5:30 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

You're mixing terms. A Harvey waiver means the judge can consider dismissed counts at the time of sentencing either to add time or for restitution purposes.

If he was on probation and did something that triggered a revocation of his probation, he can face the new charges as well as a violation.

The statute of limitations only has to do with how long the prosecution has to file new charges. It doesn't apply to warrants. Warrants never expire. He needs a lawyer.

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Answered on 6/25/16, 7:11 pm


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