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Asked a question bout statured limitations on arrest warrant…

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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: 7 months ago.Category: Criminal Law
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Answered in 1 minute by:
11/24/2017
Criminal Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 48,143
Experience: licensed attorney in criminjal law for 30 years
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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.

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Customer reply replied 7 months ago
Ok
Criminal Lawyer: RayAnswers, Lawyer replied 7 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.

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Customer reply replied 7 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 7 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.

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Customer reply replied 7 months ago
Whats the limit
Customer reply replied 7 months ago
In Tennessee
Criminal Lawyer: RayAnswers, Lawyer replied 7 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

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Customer reply replied 7 months ago
Probation violation is a felony or misdemeanor
Customer reply replied 7 months ago
how do they got to file an arrest warrant not serve
Criminal Lawyer: RayAnswers, Lawyer replied 7 months ago

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

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Customer reply replied 7 months ago
Five years on a class C and D felony
Criminal Lawyer: RayAnswers, Lawyer replied 7 months ago

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

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Customer reply replied 7 months ago
Active even though the warrant was never issued
Criminal Lawyer: RayAnswers, Lawyer replied 7 months ago

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

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Customer reply replied 7 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 7 months ago
How do they have to file a warrant not to serve one
Criminal Lawyer: RayAnswers, Lawyer replied 7 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.

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