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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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In New York State, is thera a statute of limitations ...

Resolved Question:

In New York State, is thera a statute of limitations on a Felony DWI arrest, but no conviction yet?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Michelle replied 9 years ago.

DearCustomer/p>

You say "no conviction" - what is the status of the trial ? Had there been any hearing at all?

Thank you ~ Michelle

Customer: replied 9 years ago.
There was an arrest made on Oct.8, 2002,I went in front of the judge that day and was released on an ROR.Shortly after one of my legs got an infection and I lost it below the knee, I`ve been in nursing centers since then. A warrant was put out on me but I haven`t been able to responded to it and no more has been said.I hope this info. helps you.
Expert:  Michelle replied 9 years ago.

DearCustomer/p>

Most unfortunate about your leg - I do hope things are working out for you.

Unfortunately, a SOL is not going to apply because you failed to appear after being release on you ROR. The wheels are in motion, so to speak. The only way the SOL would apply is if there were no charges or hearing. But you have exceeded that. The Bench Warrant will, unfortunately, have a life of its own - meaning that the only way it will be recalled is if the issuing judge does it - in this case I dont see that happening.

The judge was generous enough to ROR and then you stood him/her up. They do not like that very much.

I suggest, with your circumstances, you consider consulating with a local attorney who can assist you in turning yourself in - perhaps, due to your physical condition obtaining an immediate hearing with the BW judge - BW do not permit a bond and you must see the issuing Court. but because of your disability you might be able to see the judge and an attorney could plead your case as to why you FTA.

In any event, this really needs the assistance of a local attorney. You might consider contacting the NY Bar Association for a referral - HERE is the contact information.

Best of success to you in this matter and the future,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Michelle and other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Michelle's Post: Dear Michelle

      I accepted your answer at 9:58 Friday morning, thats when my debit card made the transaction.Thanks for your services.

                      [email protected]
Expert:  Michelle replied 9 years ago.

DearCustomer/p>

There is no payment until you hit the ACCEPT button - JA keeps the money on account but it does not come to me until you hit ACCEPT - which you have not done.

Thanks ~ Michelle

Customer: replied 9 years ago.
Dear XXXXX:

      At the time I read your answer I was satisfied with it. I did hit accept and a message told me that my account would be charged.Which it has, my statement shows me that it has been deducted from my debit card, thats all I can tell you about it. You should have recieved it on Friday at 9:58 AM.

                   Sincerely:
                     Customer
Expert:  Michelle replied 9 years ago.

DearCustomer/p>

Thanks for that information. It is not showing as ACCEPT - I will forward this to the JA administration and see if they can figure it out. Thanks again.