Legal Question in Criminal Law in California

Re: Statues Of Limitations on Felony Child Abuse

There is no statute on a warrant. You may be taken into custody and another bail might be set. Or you may be denied bail because you are a risk. I highly recommend that you contact an attorney before turning yourself in. Please contact my office at 310/277-1707.

Sincerely,

Lawrence Wolf, Esq.

Re: Statues Of Limitations on Felony Child Abuse

Your situation raises an important issue on timing. Technically, there is no "statute of limitations" on the warrant, but there is a statute on the main charge. More importantly, there is both a state and federal Speedy Trial Right under the California Constitution and 6th Amendment to the U.S. COnstitution, respectively, each of which is violated when the police fail to act on a warrant with due diligence. In addition, there is a 14th Amendment Due Process violation for failure to prosecute the case (the delay resulting in prejudice to your ability to defend-- hence a violaton of your right to a "fair trial" under the 14th A.) The law here is complicated, as there are at least 3 distinct bases on which you may be entitled to relief (dismissal of the charges), each of which having its own criteria for relief.

Now none of this is helpful to you if you absconded (fled). I can tell you that your most important job in assisting in your own defense right now is to gather proof that you were not running from the law, and that, with reasonable effort, law enforcement could have arrested you on the warrant. Show, for example, that you have lived at a particular address for however long; that you received mail there; that you were a registered voter from your address, that the DMV had your correct address, that you had utitlities in your name at your correct address, or that you have been cited for traffic violations since 1989.

You do need an attorney (privately retained or court-appointed) to present these arguments for you, but your assistance is critical. If you can show you've been around all this time, the charges against you should be dismissed entirely.

Good luck on this very promising defense.

JACQUELINE GOODMAN RUBIO

Attorney at Law

800-515-0233

Re: Statues Of Limitations on Felony Child Abuse

You should contact an attorney and perhaps a bail bond before you turn youself in.

I advise clients to turn themselve in on Sunday evening or early Monday morning. This allows more time for the attorney family etc to arrange for your release from jail.

Santa Clara county has pre-trial services that will prepare a report prior to the person turning themselves in. This report will either recommend OR release or that bail be posted. The final decision is on the OR release or bail for the Judge, but a recommendatio of no OR release is almost always followed.