Legal Question in Criminal Law in California

Re: Statute of Limitations

There are some key facts that are necessary to answer your question with respect to New York law that you did not provide:

1) Why was the jail sentence not completed? This may sound stupid, but if an escape was involved there will be additional charges pending. If, it was a "weekend" sentence for example and the person never went back, there is a very good probability that the Court issued what in NY is called a Bench Warrant for Arrest, which unless the Judge cancels it, will remain "open" until either satisfied or cancelled. That is in ADDITION to the existing sentence.

2) Was the DWI for a misdemeanor or felony? This is important, as if it is for a felony, one can be extradited back to the State for completion of the sentence and to face what ever other charges "may" have resulted,if any.

3) There are other issues, such as a potential federal charge of "Interstate Flight" that need to be looked at, but to give you a very "general" answer, in all probability the charge, even after 12+ years, is still active and thus, potentially dangerous to the individual involved.

4) Was bail involved? If so, that has probably long since been forfeited, but if the underlying DWI was for a felony, most DA's would then have sought a Bail Jumping charge. Alternatively, if bail had been exonerated at the time of the sentence and the jail sentence was part of a probationary sentence, then for sure a Violation of Probation warrant would have been issued, which not only allows arrest, but for "resentencing" by the original court.

Sorry that this does not give you a black or white answer, but that is the best I can do at the moment considering the general nature of your question.

PLEASE NOTE: My response herein is limited to a generalized answer to your question. It does not constitute an agreement to represent you nor should it be considered as the basis for an attorney-client relationship. Should you desire to discuss this privately and under the umbrella of the attorney-client relationship, I will be happy to either discuss this with you telephonically [(716) 272-0540], or you can e-mail me about our retainer arrangements.

Thank you again for your interest and for giving me the opportunity to give you some insight into NY law.

Donald G. Rehkopf, Jr.