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?
4 Answers from Attorneys
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.
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.
Re: statue of limitation
warrants are forever. Be responsible and avoid probation violation and jail.
Re: statue of limitation
no statute of limitations are applicable.
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