Saturday, October 31, 2009

Will a warrent go away?

My dad had a warrent for his arrest from not paying back child support and my uncle who was a lawyer told him that after so long it went away? I don't know if that is true or not but my question is a freind of mine has a warrent for not finishing some comm service. I was curious to know if eventually that will go away if he is never caught or if he could just pay a fine instead of going to jail. I was curiou to know. Esp since my dad's went away.
Answer:
What I offer is mere information, not to be construed as forming an attorney client relationship.

They may still be charged on new charges, or if on new charges, prosecution will have to show diligence in trying to arrest/bring forth these charges. Also, judge may decide statute of limitations is not up. --%26gt; lots of loopholes in the law.

The statue of limitations applies to the issuing of the warrant. If no action is taken as in no warrant is issued the statute of limitations will run out on how long you can issue a warrant. Once the warrant is issued the statute of limitations does not count because action was made and not satisfied.

In short - The state did their part in issuing the warrant. The limitation does not apply because they have not found the person. If you think about it, it makes sense.
It will go away when they get arrested.
It will only go away if he turns himself in and then makes a bond and arrangements for payment.
once a warrant is issued(someone is charged) it doesn't "go away" until time is served or judge dismisses it. if u commit a crime and are not caught,statute of limitations runs out,except for murder
Warrants for arrests stay in the LIEN system until the warrant is carried out by the police or if a court dismisses a warrant. Your dad might be better off to just surrender to the court and get the warrant done and over with.

Hope this helps. Good Luck

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