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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27056
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In may of 2005 I got arrested the influence, was given a

Customer Question

In may of 2005 I got arrested for under the influence, was given a drug diversion program and put on 3 yr informal court probation. I moved out of state, I still completed the program and attended all the required AA and NA meetings. Never heard anything more on the case. Now 10 years later I got pulled over and it shows I have a warrant so I'm back in court on this. My question is what is the statute of limitation with this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Statutes of limitation define how old a case can get before it's too old to be filed with the court. Once it has been filed with a court, as it was ten years ago, the statute of limitations no longer is applicable.

There is no statute of limitations on a warrant. Once it's ordered, it remains out there against you until the court that issued the warrant lifts it, which is generally when you or a lawyer on your behalf shows up in front of the judge who issued it and deals with the case.

Here, if you can demonstrate that you completed all of your requirements years ago, your lawyer can likely get this warrant quashed. Or it may simply be that you owe some court fees. But it will be best if when you turn up in court you have a criminal lawyer with you.

Customer: replied 1 year ago.
I hung on to the paperwork for years, but can't remember where I stored it. Did have a lawyer but can't reach him now. I didn't even know I had a warrent. I had police contact and they ran my name and nothing ....
Expert:  Zoey_ JD replied 1 year ago.

If police can't find anything, it may well be that this isn't much of anything -- perhaps a failure to pay court costs. You won't know until you get there. It should be something that can be disposed of quickly. The only reason for the lawyer would be to ensure the safest return on the warrant as possible and to cut corners with the system since you don't have the paperwork any more.

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