Legal Question in Civil Litigation in New Mexico

statute of limitations

I am a victim of domestic violence. In 1996 my husband (ex now) was arrested. He was charged with agravated battery. A domestic violence order was issued for me. I made the mistake of running off to another state with him. It was told to the judge that we were together. In 1999 he was arrested for domestic violence on me. He was extradited back to New Mexico. A warrent was issued for my arrest as well for failure to appear. In New Mexico that is a felony. I was arrested in Washington. I faught extradition. The judge in Washington let me go. New Mexico agreed not to extradite me, but kept the warrent out on me. It has been 7 years now. How do I find out if the statute of limitations is up on this case? As in the New Mexico court case look up, there is a case still pending on me.I fell like the warrent should have ran out by 2000.

Thanks Sunny


Asked on 12/03/03, 10:08 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: statute of limitations

The answer to your question requires some research. Although the applicable statute of limitations appears to be 6 years, the statute is tolled [put on hold] when one is a fugitive from a valid warrant and does not begin to run again until the fugitive is arrested. You may call if you wish further information, or provide the case number by email for research on the dates in question.

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Answered on 12/04/03, 3:14 pm


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