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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
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Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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If I left Ca and was suppose to turn myself in to jail,on 11/20/95,but

Customer Question

If I left Ca and was suppose to turn myself in to jail,on 11/20/95,but I move to Tx,how long is satute of lematations,I was already sentanced to 6 month,and I no theres still a warrant out for me,but just in CA,I got pulled over and they told me ,If I was in Ca I would have want to jail.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 6 years ago.
There is no statute of limitations on warrants, they are good until served or withdrawn.

The fact that you weren't arrested and taken into custody in Texas means that the officer who stopped you gave you a break, because he could have taken you in and you could have been held in custody while they waited to see if California would pick you up.

He's right, if you are stopped in California, you will go to jail, so you probably shouldn't come back unless you want to clear this up once and for all.
Customer: replied 6 years ago.
Well,I dont thick he gave me a break,I been pulled over I Az and Nm,I even went to jail in TX,what is withdrawen,and is there someone I could call in Ca to see what can be done,its been 13 years,will I have to do the same,amount of time,or more,and even when I want for my driver lis,it come up but as no extradission,
Expert:  Jim Reilly replied 6 years ago.
Ah, if the warrant shows that California will not extradite, that explains why the Texas cop did not take you into custody on it.

A warrant of arrest can be withdrawn by the issuing authority (in California it is "recalled", which means that the warrant is no longer valid and you cannot be arrested on it. The only way a warrant for your arrest for failing to appear to serve a jail sentence will be recalled is if you surrender yourself voluntarily before the warrant can be served.

Barring very unusual circumstances, you will almost certainly be required to do the full sentence you left behind here in California. Had you led an exemplary life in the meanwhile, the court might be inclined to give you a break, but the fact that you went to jail in Texas (even if only for a minor offense) makes that very unlikely.

You could get more time, up to the maximum possible sentence for the sentencing crime, depending on what that crime was, why you left, what other probationary terms you did not fulfill and what else you have done in the meanwhile.

California authorities will probably not discuss this with you on the phone. Your best bet would be to hire a local California lawyer for the limited purpose (at least to begin with) of determining your warrant status and what might likely happen if you came back. You can contact the county bar association of the county in which your conviction occurred regarding a referral to an attorney on their lawyer referral service panel. You can probably do a consultation over the phone and the cost will be minimal. Then if you decide to hire him to help you, you make arrangemends directly with the attorney for payment.

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Jim Reilly
Jim Reilly
Private Practice Attorney
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CA Atty since 1976, primarily criminal law. 150+ jury trials.