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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26454
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was applying for an apt. They did a bacckground ck. I just

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I was applying for an apt. They did a bacckground ck. I just got a letter saying I was a fugitive for not appearing for the charge of DUI 1st offense, failure to illuminate headlamps, and operating on suspended lic. These are dtd. 11/06/98. How do I clear them? I would contest. Has staute run out?

There is no statute of limitations on a fugitive warrant. It doesn't get lifted except by the judge who ordered it in the first place, usually in the presence of the defendant who comes back (voluntarily or involuntarily) or his lawyer.

If you don't remember this matter, it's possible it's not you. Someone else with the same name (or someone who gave your name) could have gotten arrested for this offense. As the apartment probably just checked on the basis of a name and little more, rather than on fingerprints, someone else's case could have turned up on the background check.

Still, if it happened once, it could happen again. So you will definitely need to take care of this. If it is you and it simply slipped your mind after all of this time, it's possible, even probable, that when you go back to court to settle the matter, you will be jailed and have to bond out. I would not go back without a lawyer who can at least argue for bond to be set in a reasonable amount.

You can also hire a lawyer to look at the paperwork before you return to court, to get more information on the matter to see if it is or isn't you before you return. If it is someone other than you who was arrested for this offense, you are going to want to talk to the prosecutor and get an official letter stating that you are not the person who was charged with this offense. That way, you have something to show police if you're ever stopped and this warrant turns up again.


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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

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