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Question

I have an outstanding Alabama warrant (contempt of court) for a DUI 18 years ago. I attended all but 1 class and paid the fine. I had to leave to go back to my home state of Illinois because I could not find work and was living in my car. I now have a chance for a good job, but this charge may prevent me from being hired. Upon returning to Illinois, I had to pay a fine for the DUI and attend a 6 weeks class. Doesn't a statute of limitations apply? What can I do to get this resolved? Thank you. MS

Submitted: 18 days and 18 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Alabama

Already Tried:
Calling and talking to the Clerk, research online.

Accepted Answer

Hello, and thank you for contacting the just answer team.

Unfortunately, statute of limitations apply to the state bringing a charge against you. Once you have been charged and a conviction/plea has been entered, you have to complete the sentence, regardless of the time. The only way to actually get it to go away would be to go back to Alabama and complete the sentence, or to go in front of the judge (or any judge sitting in the same court) and request that the sentence be ruled complete. You have two options to do this. First, you can contact an attorney in Alabama to appear before the court and request the issue resolved on your behalf. Or, you can go to Alabama, get a hearing date from the clerk of the court, and appear on your own behalf to ask the judge to consider the sentence compelte. Otherwise, the warrant is going to stay active in Alabama indefinitely. Unfortunately, warrants genereally don't just go away.

I think your best bet is to contact a criminal defense attorney to represent you in having the warrant withdrawn and completing the sentence in whatever way the court orders. For a referral to an Alabama attorney in good standing with the state bar association, contact the Alabama Bar Association HERE.

I wish I had better news for you, but thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.

Take care

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Expert: SavyLawyer
Pos. Feedback: 97.2 %
Accepts: 
Answered: 11/2/2009

Attorney

Licensed to practice law, I have experience in dealing with a wide variety of legal issues.

18 days and 18 hours ago.

Reply

There is no Statute of Limitation on a contempt of court?? Federal Law limits a criminal

contempt of court to 5 years. Mine is a civil contempt of court order. Surely there is a limitations set upon the state laws. What you are telling me is that the state of Alabama has no statute of limitation laws, is this correct? Thank you.

Posted by SavyLawyer 18 days and 18 hours ago.

Info Request

I am not saying that there are no statutes of limitation in Alabama, no. However, in your case, you were already held in contempt, and a warrant was issued for your arrest, meaning that the court satisfied the statute of limitations when you were held in contempt. However, if you are unsatisfied with my answer, I will opt out so that another member can answer your question.

Take care

18 days and 17 hours ago.

Reply

Federal crimes have a 7 year statute but there is no statute of limitations on a an arrest warrant for a 18 year old misdemeanor dui. Am I to understand this to be correct

Posted by Stephanie O. Joy, Esq. 18 days and 17 hours ago.

Info Request

Dear desperate,

 

I understand you to be unhappy with your record. However, you need to carefully re-read what your prior expert is telling you. Statutes of limitations apply to the ability to bring charges, not to require sentence fulfillment. This is true federally, as well as by state. In addition, even if you had not been charged (which isn't the case, you were charged and convicted) , the SOL is often tolled while someone remains continuously out of the state. Your expert is 100% correct. Please give him due accord for answering the question you posed.

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