The statute of limitations does not apply to bench warrants. A bench warrant remains in effect until it is executed (i.e. you are arrested, or surrender yourself to the court), or heaven forbid, you die. In either case it holds true, and will not just simply "go away." I would contact a criminal defense lawyer in or near the locality where the warrant was issued, and ask how much they would charge to contact the prosecutor to see if you could work out some sort of deal to close the books on the charge.

I agree with Gem_22205.

SOL relates to how long they can wait until they charge you with a crime. They have already charged you.

A bench warrant will NEVER expire. You could get arrested for drunk driving in your new country, and if they find out you have a bench warrant in Canada, they could send you back.

Quote:

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Originally Posted by dudeman73

Hello. I was charged with arson at the end of 2004 in Ontario. It was a far streach to call what I did arson (I burnt a poster while pissed drunk on the wall of a buliding and thats all that burnt) but nonetheless thats what they gave me. I tried to have it sorted out of court quickly, as was leaving the country to live elsewhere. It wasn't resolved and in that I was given a bench warrent of 100km radius. The warrent still stands and I still live over seas. Will this fall under the statute of limitations, and if I come back to Canada after 5 years will the charge dissapear into thin air (so to say). Thanks for your time, I'd love to buy you lunch for your expertise:) Cheers

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Warrants never expire. They live forever.

That being said - I've never seen the "100km radius" language on a bench warrant. What is the context of that?

I would guess you're on the Canadian computer and will be grabbed when you try to re-enter the Country. US usually shares the info so if you enter there you could also be stopped.

My son had a push / shove fight with his Boss in a restaurant 8 or 9 years ago but went USA side after before court.No one was hurt, just feelings.The Provincial Police looked for him after and he would like to come back to Canada now. How serious is this because he is about to get married in the USA and once it is done his return here would be to facilitate court proceedings he has going on there to become a citizen. When they looked there where no criminal record, is what USA authorities come up with when he was caugtht illegal 2 years ago.If he tries to cross to here to facilliitate going back having applied from his home country then a can of worms will be opened up because he has little Canadian ID to come here and as he does old things will hinder all. Any ideas how he could come here, go back without sinking himself please... As soon as possible if you can suggest anything.