Legal Question in Criminal Law in California

Statute of limitations

A warrant for my arrest was issued in 1992 and I was unawre of it until nov. of that year. I moved to fla. with my dad and I was arrested on Thanksgiving Day for a warrant issued by San Diego Sheriffs Dept. I was detained in Fla. for 5 days until extridition but I was released by the jail stating that Ca. dropped the charges. I've recently moved back to Ca. 12 years later and found that I'm still listed as having a warrant for my arrest on the sheriffs dept data base. Is there a statute of limitations for a warrant like this? Or what can I do about this situation.

Thanks

Sam


Asked on 6/02/04, 4:03 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Statute of limitations

After Florida authorities detained you San Diego was notified of your arrest. The decision was then made not to go to the expense of returning to San Diego. This saved you the cost of a round trip airline ticket for a police officer, an airline ticket for your self, and the police officers reasonable costs for housing food etc. That does not mean that the warrant was voided.

Obtaining the advice of an attorney is important. depending upon the nature of the charges that gave rise to the warrant. As a general rule even if there is a statute of limitations on a warrant, the time during which you resided in Florida will not count toward the time for running of the statute of limitations.

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Answered on 6/03/04, 12:45 am
George Woodworth Law Office of George Woodworth & Associates

Re: Statute of limitations--REPLY.

Hello---Thank you for your question. Well, from a practical point of view, any Warrant which is still listed as "active" is a Warrant that can be executed by law enforcement. Therefore, even if the Warrant has exceeded its original life, the fact is, that you may be arrested on it, and then have it resolved several days of custody later (as you already know from your experience in Florida). A better way to resolve this would be to retain an experienced Attorney who can either resolve it without your appearance, or if necessary, resolve it by appearing with you in San Diego. If you would like to discuss, please email me, or call: (562) 754-7422. Thanks, Attorney George Woodworth

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Answered on 6/02/04, 1:01 pm


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