Legal Question in Juvenile Dependency in Massachusetts
Arrested on Juvenile Default Warrant that was issued 11 years ago!!!!!!!!!!!!!!!!!!!!?
Okay so here is the deal, back in 2000 I was 14 years old and did some pretty stupid childish stuff. I along with some friends took my friends mother's car without asking but returned it. Now, I am 24 years old. I am a Nurse, Mother of 2 and have never had anything on my adult record EVER! Tonight I was just leaving my house to take a walk to the store, I no more than took 10 steps and a cop pulls up beside me, and I need to mention I just got out of work and was still in my Nurses Uniform. Anyhow the cop says to me there's been a lot of breaking and entering's happening all over town and he needs to stop and check with people. So he asked my name and I gave it to him. I go about my business and when I come back from the store he pulls up to my house and arrested me on a ACTIVE default warrant for Unauthorized Use of A motor vehicle from when I was 14 years old. Now my question is how the hell is that even right?? What about Statute of Limitations. How long does a Juvenile warrant stay with you? I had no idea I even had a warrant all this time and the cops have taken my name before and checked me out and never told me about this. I find this very odd and am pretty livid. I need someone who knows the law to please explain this to me. Thank You soooooo much!
1 Answer from Attorneys
The crime was committed while you were a juvenile, so only the juvenile court will have jurisdiction over this crime. The maximum penalty the juvenile court can impose, when a defendant has not been indicted as a Youthful Offender (which did not and could not happen in your case), is a commitment to the Department of Youth Services to age 18 (or age 19, if the disposition is imposed after the defendant turns 18). In your case, the juvenile court could in no way impose a sentence on you for this crime.
The statute of limitations pertains to the time the government has to commence criminal proceedings against the defendant. It looks like the charges were filed and complaint issued within the statute of limitations, but you were not arraigned on the charge because you were never brought before the court, for whatever reason, and instead a warrant was issued. The warrant can stay active until it is removed, which would have happened soon after you were arrested on the warrant.
The chance of the prosecution being able to prove this case against you is slim to none. Go to the juvenile court which issued the warrant, remove the warrant if you have not done so already and the prosecutor or the judge should dismiss the case. In the alternative, hire a lawyer to go in on your behalf and clean things up. The fee for a case like this would be minimal, and the matter may be resolvable with a single visit to the court or even over the phone.
Best of luck,
Dominic Pang (617.538.1127)
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