Legal Question in Criminal Law in California

Re: Statute of Limitatos

If the charges are Misdemeanors an attorney can recall the warrant for her and then she can appear and fight the case.

remember if the charges have been filed the Statute has been met.

(877) 529-4545

Houman fakhimi, Esq

Re: Statute of Limitations

Once a warrant is issued, it doesn't have a statute of limitations. That is, it lasts forever. If the charges were misdemeanor charges, then he probably doesn't have an interstate warrant out for him. He only has to avoid California. If, however, the charges were felony charges, then the warrant is active in California AND he can be arrested in any state and extradited to California. I disagree with Mr. Fakhimi about an attorney appearing for the defendant if the charges are misdemeanors. Most judges want the person to appear in court before the warrant is recalled. And if the charges are felony charges, the defendant MUST appear. So, either way, the warrants last forever, and your brother probably has to come to California to clear it all up. He should contact his lawyer from 1995 to arrange for his surrender. If he doesn't want to do that, and if the charges are in Los Angeles, he can feel free to call me to help him out. I don't charge for initial consultations. Steve Mandell (310) 393 0639

Re: Statute of Limitatos

I've read the two other attorneys' comments, and will only suppliment their comments.

In California the police have greater arrest powers if the crime is charged by them as a felony. However, the D. A. will normally then drop the charges to a misdemeanor in relatively unimportant crimes. So unless there are several thousand dollars involved the crime may have been charged as a misdemeanor.

The difference between grand and petty theft was $400.00 the last time I looked. However, the D. A. has the option of charging the theft of a thousand dollars as a misdemeanor. The court appearance would have meant that the case should have been filed by that date. However, many cases are dropped (not filed by the D. A.), or send it back for further investigation and sometimes its never seen again. His failure to appear is another crime.

Your brother needs to take care of the problem or stay out of the State. His refusal to face the consequences of his act may have made the matter worse.

Lots of luck