Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Asked a question bout statured limitations on arrest warrant…

Customer Question
Asked a question bout...

Asked a question bout statured limitations on arrest warrant on probation violation

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

Tennessee and it wasn't

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They sent me a text today stating there was an answer

Submitted: 5 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 minute by:
11/24/2017
Criminal Lawyer: RayAnswers, Lawyer replied 5 months ago
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 46,388
Experience: licensed attorney in criminjal law for 30 years
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Ok
Criminal Lawyer: RayAnswers, Lawyer replied 5 months ago

A arrest warrant in Tennessee issues when a defendant fails to appear in court as ordered. While the statute of limitations applies in Tennessee to the period of time the state has to file charges against a defendant, the state only applies a statute of limitations to misdemeanor charges. Where the state has not served, returned or quashed a misdemeanor warrant within five years from the date of issuance, the warrant is automatically terminated.

Arrest Under Warrant

Tennessee defines a warrant of arrest under Section 40-6-201 of the Tennessee Code of Criminal Procedure as a written order issued in the absence of the defendant, commanding an officer to arrest the defendant.

Statute of Limitations Generally

Statutes of limitation define how long the state has to file charges in Tennessee. The amount of time varies greatly based upon the type and nature of the charge the defendant is facing. Tennessee applies no statute of limitations to any crime punishable by death or life imprisonment. Class A felonies have a 15-year statute of limitations, Class B felonies an eight-year restriction, scaling down to a one-year limitation on misdemeanors. Note that the statute of limitations does not run where there has been concealment of a crime. In these circumstances, the statute begins upon discovery of the crime.

Misdemeanors

Pursuant to 40-6-206, a warrant that has not been served, returned or quashed within five years on a misdemeanor charge is automatically terminated and is removed from court records.

Statewide Application

A warrant issued in one jurisdiction empowers law enforcement officers anywhere in the state to take the defendant into custody pursuant to 40-6-213.

You might want to consider contacting the DA where the warrant is and trying to resolve it.This might not necessarily mean jail time if you contact them.

It also may eventually run out.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
What if it was never filed upon the time of violation like an overlook until a year later is it to late to file how do the p.o. have
Criminal Lawyer: RayAnswers, Lawyer replied 5 months ago

It is not too late here if it has been a year they can still serve the warrant.It would be in your interest to call and resolve it, they might not violate you here, you might be able to just extend probation.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Whats the limit
Customer reply replied 5 months ago
In Tennessee
Criminal Lawyer: RayAnswers, Lawyer replied 5 months ago

Class A felonies have a 15-year statute of limitations, Class B felonies an eight-year restriction, scaling down to a one-year limitation on misdemeanors

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Probation violation is a felony or misdemeanor
Customer reply replied 5 months ago
how do they got to file an arrest warrant not serve
Criminal Lawyer: RayAnswers, Lawyer replied 5 months ago

It is a felony if you were on felony probation, misdemeanor if you were on misdemeanor probation.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Five years on a class C and D felony
Criminal Lawyer: RayAnswers, Lawyer replied 5 months ago

Yes it would still be active , need to call and try to resolve it, avoid jail.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Active even though the warrant was never issued
Criminal Lawyer: RayAnswers, Lawyer replied 5 months ago

Likely it is in the crime computer if you get pulled over or they run your identification they will find it.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
She got pulled over gave her I.d. and it didn't show so is it too late to file a warrant after a year
Customer reply replied 5 months ago
How do they have to file a warrant not to serve one
Criminal Lawyer: RayAnswers, Lawyer replied 5 months ago

In tht case maybe it was lost in the system, its not a perfect world.She may decide to take her chances if they missed it once before.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 46,388
46,388 Satisfied Customers
Experience: licensed attorney in criminjal law for 30 years

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Need to know if i will need an attorney for a misdemeanor
Need to know if i will need an attorney for a misdemeanor shoplifting in the city of columbiana al....plan on pleading gulity, what kind of fine will i have....what should i expect in court..... cinna… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
I was convicted of a felony misdemeanor a mother and
I was convicted of a felony misdemeanor a mother and daughter attacked me last Monday I am 65 the mother is 33 the daughter 16 I was the only one arrest it has been a police officer came out and spoke… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
163 satisfied customers
I'm on house arrest for misdemeanor battery in Overland Park
I'm on house arrest for misdemeanor battery in Overland Park Kansas for 60 days. I have 30 days left today. I was ordered to appear early this morning and was told I have a new misdemeanor charge for … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If I was arrested for a misdemeanor but have not gone to
If I was arrested for a misdemeanor but have not gone to court can I go out of state … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I need information for a misdemeanor charge in county court
I need information for a misdemeanor charge in Harris county court 10 … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I need a lawyer for a misdemeanor case for issuing worthless
I need a lawyer for a misdemeanor case for issuing worthless check. What to do? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,052 satisfied customers
1.i ha.ve 3 misdemeanor charges(criminal threat,vandalism)
Second opinion] 1.i ha.ve 3 misdemeanor charges(criminal threat,vandalism) in my residence 2.however, los angeles county public defenders(felony and misdemeanor) have developed Conflict of Interest 3.… read more
Jonathan Holson
Jonathan Holson
JD
71 satisfied customers
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
For a Federal Criminal Lawyer: In a federal criminal case in
In a federal criminal case in the district of Oregon where a motion to suppress had a hearing and an opinion was issued that denied it, several years have gone by and trial has not been held as yet. 1) Is there any situation where a new motion can be filed or the denial challenged prior to the trial when new facts or new case law has been found that could change the opinion? 2) What about if case law or facts existed at the time of the first motion to suppress were not presented or ignored by the court? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a criminal case pending, Class A Misdemeanor,
I have a criminal case pending, Class A Misdemeanor, Criminal Trespass, and I filed a Pre-Trial Writ of Habeas Corpus and a Motion to Dismiss for lack of subject matter and personal jurisdiction, whic… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
163 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
163 satisfied customers
Do you assist in a criminal defense of a court action in WV.
Do you assist in a criminal defense of a court action in WV … read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I have a criminal case that will have another court session
Hello, I have a criminal case that will have another court session this upcoming **** … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
I missed a misdemeanor court dat 2 years ago and didn't know
Hello I missed a misdemeanor court dat 2 years ago and didn't know I had one for paraphernalia and unfortunately I missed it again this Friday. What happens now if its 2 years old and I go to the cour… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
RayAnswers
RayAnswers
Lawyer
46,388 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
RayAnswers
RayAnswers
Lawyer
46,388 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x