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the amount of time allowed for filing of charges on this is 2 years.
once the charges have been filed the statute of limitations have been met. then there is the question of a speedy trial. that is 90 days. if you have not been brought to trial within 90 days, then you need to file a motion for speedy trial with the court. if you are not brought in to the courtroom within the 90 days, then you file a motion to dismiss. the speedy trial rule will not apply until you make the request through the motion.
if you missed a court date and a warrant has been issued, that will never died. it lives until served or quashed or otherwise recalled. the statute of limitations has already run when you were charged.
yes. there is no statute of limitations in this matter at this time. sorry for not being more clear. you should consider turning yourself in on the bench warrant. you might want to consult with a local attorney and see if you can get assistance on the surrender.
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The statute of limitations refers to how long does the prosecutor have before they must bring charges. I believe the answer is two years.
However, once a charge has been authorized by the prosecutor, the statute of limitations no longer applies. If you missed a court date and a bench warrant was issued, the warrant for your arrest will remain active until you turn yourself in, are arrested on the warrant, or the warrant is taken out of lein by the proper authority. The 3 and 1/2 years since the ticket was issued has nothing to do with, nor does the statute of limitations have any bearing on the warrant for your failure to appear.
If the warrant is active, and you want to clear the matter, it is always best to turn yourself in to the court that issued the warrant rather than be arrested on the warrant. When a warrant is issued, if you are arrested on it, a monetary bond is set that must be posted before you may be released. For example, if a bond was set at $500, you must come up with that amount of money, or secure the services of a bondsman so that you can get out of jail. If you turn yourself in to the court that issued the warrant, it is possible that the judge may appreciate your willingness to take care of the matter, modify the bond, and release you on your own recognizance pending a court date. There is no guarantee that this would occur, but...it's worth a try. If you are arrested, there is no way for the bond to be modified prior to being brought before the judge in the jurisdiction that issued the warrant.
You may also consider seeking the assistance of an attorney to assist you if you decide to turn yourself in. That will also show the judge that you are serious about taking care of the matter and that you will show up for future court dates.
In case you are not aware...
Good Luck to you.
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