Legal Question in Criminal Law in California

statue of limitation

if someone on probation moves out of state without telling there p.o. is there a statue of limitations after seven years, or will they have a warrant forever?


Asked on 12/13/06, 11:27 am

4 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: statue of limitation

Thank you for your posting. In California, there is a statute of limitations for the filing of a new crime, but in a probation violation, the probation itself stems from the initial crime, and thus there is no statute of limitations. People can, and have been, prosecuted even decades after the initial violation.

I hope this answers your question, but if you have any further questions, please feel free to email me directly, anytime, at [email protected]. It's my pleasure to help in any way that I can.

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Answered on 12/13/06, 1:25 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: statue of limitation

Statutes of limitation only limit the time in which a prosecutor can charge someone with a crime. A probation violation is a failure to complete the sentence on a prior crime, so there is no statute of limitations on the violation itself.

The act which violated the terms of probation may also be a crime (for example, possession of drugs is both a crime and a violation of standard probation terms) and the limitations period on the crime may eventually expire, but the probation violation will remain open until the probationer surrenders, is captured or dies.

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Answered on 12/13/06, 2:38 pm
Terry A. Nelson Nelson & Lawless

Re: statue of limitation

warrants are forever. Be responsible and avoid probation violation and jail.

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Answered on 12/13/06, 6:21 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: statue of limitation

no statute of limitations are applicable.

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Answered on 12/15/06, 2:16 am


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