Legal Question in Criminal Law in Georgia

do misdemeanor (simple battery) arrest warrants expire?

ex-spouse made up story of battery after fall from bar stool 2 nights earlier. police issued simple battery warrant after arriving and hearing story. victim has numerous alcohol related, arrests and one for previously filed false police report, yet police took her word (as i had left area earlier) and issued warrant on me april of 2003. its for simple battery, and its been over a year .. is there a statute? i cant see turning myself in for something i didnt do.


Asked on 6/14/04, 9:18 pm

2 Answers from Attorneys
William Head Head, Thomas, Webb & Willis, LLC

Re: do misdemeanor (simple battery) arrest warrants expire?

There is no staute on a warrant that is outstanding. You will be required to turn yourself in and then we can sort through the facts and show that she is a liar. Please call me at 404-250-1113. I am one of William Head's partners.

Regards,

Larry Kohn, Attorney at Law

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Answered on 6/15/04, 8:42 am
Jim Hough Thomas J. Hough, Jr., P.C.

Re: do misdemeanor (simple battery) arrest warrants expire?

There is no statute of limitations once the warrant has issued. There may be reasons to bar a prosecution on a warrant that is never served. Much more time would have to pass, and you must not be avoiding prosecution. I believe the fact that you are aware of the warrant would likely incline the courts to uphold the warrant in any case, if you do not surrender yourself, knowing of its existence.

As my colleague suggested, the best thing you can do is to surrender yourself and then show her for the liar she is. If you are out of state, I would recommend arranging for your surrender through an attorney to get the details set before doing so.

Jim Hough

770-607-5300

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Answered on 6/15/04, 9:53 am


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