Legal Question in Criminal Law in California

statue of limitations
if someone was charged with a misdemeanor mollestation charge, that had nothing to do with physical or sexual contact,if they did not get convicted,but they ran, how long would the warrant be active for? is there a statue of limitation on felony/misdemeanor mollestation cases in california,even if your not convicted,but a warrant is issued?

Asked on 10/21/02, 12:59 pm

3 Answers from Attorneys

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

0 users found helpful

0 attorneys agreed

Re: statue of limitations

Thank you for your posting. Just to correct something, it is a "statute" of limitations, not a statue, which is something else entirely.

For misdemeanors, Penal code section 3185, and the seminal case of People v. Serna provide tha the prosecution must find you and bring you to trial within one year, generally, providing that certain factors exist in a case, such as evidence and witness memory, that might prejudice the defense.

For felonies, a different analysis attaches, and it depends primarily on what charges were filed. Certain crimes, depending on the evidence, may have a much longer statute of limitations.

I hope this helps -- but if you have a situation that requires a more detailed answer, specifics would be very helpful. Please contact my office via email at [email protected], or via phone at 1-877-568-2977 (toll free), and I can give you a confidential consultation. I am happy to help in any way that I can, and thank you again for your question.

Answered on 10/21/02, 3:47 pm

Mark as helpful

David Diamond Diamond & Associates

0 users found helpful

0 attorneys agreed

Re: statue of limitations

There is no statute on a warrant. It stays with you until it is cleared. If you would like us to deal with this, please contact my office at 310/277-1707.

Answered on 10/21/02, 6:53 pm

Mark as helpful