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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36213
Experience:  16 years practicing criminal defense.
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About 30 years ago my probation was violated, although I was

Customer Question

About 30 years ago my probation was violated, although I was not sanctioned, there was a warrant issued, however, because this was a non felony and I left the State of California, I would like to come back to California, is the warrant issued 30 years ago still standing and would I face arrest should I return and get stopped by law enforcement?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Barrister replied 4 years ago.
Hello,
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Warrants have no statute of limitations on them so even if one was issued 30 years ago, assuming it is still in the system, it would be enforceable. The defendant would be arrested and transported to jail should law enforcement run a check and the warrant show up, because a warrant imposes a fugitive status on the person. They also wouldn't be able to bail out of jail because fugitives are denied bail.
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However due to the age of it, it is possible that the warrant may have not been re-entered into the NCIC database over the years and might not show up.
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I would suggest calling the sheriff's office in the county where the warrant was issued and see if they could run a check to see if it is still an active warrant. If so, then you could contact a criminal law attorney to see if they could talk to the judge, or his successor about converting the warrant to a summons with a court date so you could appear without fear of being arrested and address the issue.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 4 years ago.

I think calling the law enforcement agency directly would most likely cause someone to look for the warrant.


I would rather employ a more tactful approach or covert avenue, after all, it was not a felony, understanding the rule of law relating to warrants, it would seem there would be a better approach.

Expert:  Barrister replied 4 years ago.
Not really. The person you would talk to likely doesn't have any personal interest in coming to get you because this just means more work for them. If it is there, it is there and you checking on it would't move it to the top of the list for them to come looking for you.
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Depending on what county it was originally from, the sheriff's office may have a website where you could search for any active warrants. Some sheriff's have searchable lists, some don't. But if they did, you could search without actively alerting anyone. If you do a search for "warrant search XXXXXX County, CA" it may bring up a database to search.
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For example, Orange county has a searchable database here: http://ws.ocsd.org/ArrestWarrants/
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Thanks.

Barrister

.

▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.