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    legalmoose's Avatar
    legalmoose Posts: 2, Reputation: 2
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    #1

    Jun 6, 2007, 01:08 PM
    Bench Warrant Statute of Limitations (CA)
    Hi, everyone:

    This is my first post to this site.

    My close friend has a criminal past and has been in jail many times for various things. He is a former drug addict and has been clean and crime-less for over 5 years.

    Recently, he received a moving violation ticket in Yolo County. Through the process of paying off this ticket, they apparently re-activated a warrant for a drug-related charge in that county that was originally issued 10+ years ago. I'm not sure of the exact charge at the moment, but he was with someone who was carrying drug paraphernalia.

    He wants to do the right thing, but (obviously) doesn't want to serve time, if possible. Right now, he's just waiting for the other shoe to drop and wants to take any possible action on his own behalf.

    I was thinking it's probably best if he "makes the first move", rather than waiting for someone to come and find him and all the related consequences.

    Also, is there any sort of criminal advocacy (similar, perhaps, to the Family Law Advocate in our county of Solano) where people can go and do this kind of research?

    He also doesn't have much money, though he is employed, so an expensive lawyer is out of the question, probably.

    Thank you so much for any help you can offer, and sorry if I messed up any protocol...
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
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    #2

    Jun 6, 2007, 01:23 PM
    You should have leagl aid give them a try. I think it will look better if he try's to get it straightened out before he gets arrested. I would also get tax records any kind of proof to show that I am now a responsible citizen maybe the judge will be more lenient with him if he does this. Tell your friend good luck and glad he made a change for the better
    legalmoose's Avatar
    legalmoose Posts: 2, Reputation: 2
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    #3

    Jun 8, 2007, 02:24 AM
    Hi, bushg:

    Give "who" a try? Good idea about taxes. I'll pass that on.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 8, 2007, 07:00 AM
    Quote Originally Posted by legalmoose
    He also doesn't have much money, though he is employed, so an expensive lawyer is out of the question, probably.
    Hello legal:

    Ok then, hire a cheap lawyer... On second thought, if you're going to hire a lawyer, you really don't want one who graduated last in his class.

    If this is, as he say's it is, then he ought to be able to surrender and have it dismissed all at once. But he needs a lawyer to arrange this because as soon as he walks in the door, they're going to bust him.

    excon
    ldmccreary's Avatar
    ldmccreary Posts: 1, Reputation: 2
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    #5

    Jun 11, 2007, 07:58 PM
    What is the statute of limitations on a bench warrant issued for failure to appear at a family law hearing?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 11, 2007, 09:30 PM
    There is no statue of limitation on warrants, just does not apply.

    SOL is about from when a crime was committed to the time they are charged, once they are charged, all SOL stops. So once there is a warrant, there is a warrant, 5 years, 10 years and 20 years.
    Armydude757's Avatar
    Armydude757 Posts: 4, Reputation: 1
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    #7

    Jun 15, 2007, 02:33 PM
    Must be a good friend to do all this research for "him", I would make "him" do it himself. I would also agree with Chuck, once there is a warrant it remains until its been served. No exceptions except if the person happens to pass away.

    Goodluck

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