Legal Question in Criminal Law in California

statue of limitations

i moved from california in 1996; that same year an arrest warrent was issued for embezzelment, PC508. I did not find out about the warrent until 2001. Is there a statue of limitations on this warrent; if so, for how long?


Asked on 11/22/05, 12:09 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: statue of limitations

Warrants are valid forever. Statutes of limitations only apply to the filing of charges. If charges were filed against you before time ran out -- and they almost certainly were -- then the limitations period will not be an issue in your case.

Also, in many instances California law tolls the limitation period when the defendant is out of the state. This means that the clock stops ticking when the defendant leaves and doesn't start again until he comes back. I don't know whether your case would be treated this way; because the charges were probably filed long ago, this rule likely won't be relevant in your case.

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Answered on 11/22/05, 3:00 pm


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