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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25405
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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if someone had a fugitive from justice warrant was arrested

Customer Question

if someone had a fugitive from justice warrant was arrested the other state never came and got them can they bring up the theft warrant after 11 years. The way they done it they issued a capis but the person had never been served they were arrested in oct 2000 texas never came and got them now they also had other warrants out of another county in texas is also 11 yrs old never served they were all like indictments i guess truely dont know if they were regular warrant or true bills as we call them here but as i said they were arrested on some of them held in jail never extradited because they never came to get them what is the statue of limitations on theif and forgery in texas
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

Fugitive warrants don't ever expire. Statute of limitations do not apply. They will remain out there against a defendant until he (or his lawyer) comes back before a judge to get the warrant vacated and deal with his criminal matters.

After 11 years, much can happen. People move, retire, die, lose interest in prosecuting. The DA may or may not be able to get all of their evidence together any more to prosecute these cases. But if they pick you up, they are entitled to try.

Sorry to be the bearer of bad news.
Customer: replied 5 years ago.
But they were done arrested held for extradition and texas was notified judge order them to jail for them to come to get them they said they was and never did so after 16 days in jail they were released It seems like since texas was legally notified and it can be proved and all records i can find say disposed of they would not be able to keep the warrant active they chose not to extradite they waived extradition. if i am correct you are telling me if they get arrested they can be held for extradition over an over even if they never come and pick them up
Expert:  Zoey_ JD replied 5 years ago.

The fact that a state chooses not to extradite you does not mean they lift the warrant. Extradition is expensive, and the onlyt thing you can know for sure from that is that the wanting state is not going to pay money to bring you in from the particular state where you were arrested. Perhaps Texas vacated the warrant when they chose not to extradite. Perhaps they did not. The only way to know for sure is to order your RAP sheet.

So yes. If the warrant is still there, you can be arrested and held for extradition all over again. And again. And again. It has been known to happen.

As to your original question, the statute of limitations in Texas would be 5 years from the incident but 1) leaving the state tolls the statute and 2) the statute does not apply at all any more if the case was filed with the court within that statutory period.

Customer: replied 5 years ago.
ok when it says something has been disposed what does that mean this was 9/28/2000 i just pulled gregg county texas for them and that is what it says
Expert:  Zoey_ JD replied 5 years ago.

Disposed would indicate that a case is somehow finished. But to find out how it ended and/or to ascertain that there is nothing else out there against you, it costs $18 to order the kit from the FBI to get yourself printed mail it back and get your full 50 state and Federal criminal history.

Alternatively, you can call the public defender's office in the county where your case was pending. In most jurisdictions, their computers would allow them to access the state data base and check to see if you had any active warrants.
Customer: replied 5 years ago.
well here is what happen he was arrested nothing came up he got his probation here etc. last week a girl told him a constable friend of her came up to her and ask if he still lived in the neighboring town and showed her a so called paper she says saying he had a active warrant in texas my cousin is a lead homicide det in houst he run him an no warrants i have been unable to find anything on comp aid for varies numerous searches and nothing then went to their web site run him through every town nothing and the only thing i find is that one that says disposed the warrant was taken in 2000 it is 2011 so do you thing maybe she is lying or what he is scared cause he has this probabtion stuff and goes tuesday he wants to make sure but no law enforcement can find anything on him
Expert:  Zoey_ JD replied 5 years ago.

It's certainly possible for her to be lying. But she would have to have already known the story about the extradition matter in order to lie about it. If she didn't know, it's a little too coincidental that when she lied, she picked a place that struck a real nerve.

You've done substantial work and there probably is no warrant at this point. Again however, the only way to know for sure is for your friend to order his RAPS or to call the public defender's office in that city or, for that matter, the clerk of the court where the warrant would be pending. Their computers would tell the story.

The worst thing he could do though would be to get so scared that he didn't come to court for the probation matter. The DA didn't turn up the warrant when they made him a probation deal in the first place, so that's another good sign.