Legal Question in Criminal Law in California

statue of limitations

The charge of rape in 1990. Plea bargin arrainged. Due to be sentenced under plea bargin. Fled the state. Warrent issued. When warrent issued is it to be for sentencing of plea bargin or to be charged with all charges? What is the statue of limitations? What about violation of federal law for fleeing the state? If federal law broken what is statue of limitations on that?


Asked on 11/22/02, 3:37 pm

3 Answers from Attorneys

David Diamond Diamond & Associates

Re: statue of limitations

Sounds like you are dealing with a variety of serious legal issues. We have over 23 years of experience dealing with these matters and would certainly be able to try and help you resolve your issues. Please give us a call toll free at 1-866-You-Are-Innocent in order to set up a free consultation immediatly.

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Answered on 11/22/02, 4:31 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: statue of limitations

Thank you for your message. Normally there is a statute of limitations for most misdemeanors and felonies, requiring the prosecutor to bring you to trial within a certain period of time. Pleading guilty, and then not showing up for sentencing, tolls the statute, meaning that you are no longer bound by the statute of limitation.

I must disagree with your assessment that this would be a federal crime, merely because you left the state. Although the federal system may be advised of the warrant, the case remains here in California and you would be sentenced here.

If you are brought under a warrant, the judge has the option to sentence you under the plea bargain agreement, or reject the plea bargain agreement due to your failure to appear, meaning that you are no longer eligible for the plea bargain benefit and your case would proceed towards trial again on the original charges, plus a new charge of failure to appear.

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Answered on 11/22/02, 7:22 pm
Terry A. Nelson Nelson & Lawless

Re: statue of limitations

Unless you wish to live on the run the rest of your life, afraid of every traffic cop, you should deal with this problem. That warrant is good forever. If you voluntarily turn yourself in through your attorney, you have a chance of getting the court to agree to the original plea bargain, plus some time for the flight. If they simply catch you somehow, the chances are good they will set aside the plea bargain and sentence you to a harsher punishment, plus something more for the flight to evade. Contact me if interested in discussing having me represent you and try to minimize the punishment you can expect.

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Answered on 11/23/02, 3:02 pm


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