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If someone was arrested 24 years ago in NY for grand

If someone was arrested...

If someone was arrested 24 years ago in NY for grand larceny, but never showed up and never had a trial, does the statute of limitation apply?

Lawyer's Assistant: Do they have any upcoming court dates on the larceny charges?

No.

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

Not since it happened 24 years ago

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

No thank you

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Answered in 5 hours by:
3/30/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,849
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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If the case was filed with the court and you were given a court date and never appeared, a warrant was issued for your arrest 24 years ago, and it would still be out there against you. Warrants do not expire and are not subject to statutes of limitations. They will be there for the rest of your life or until you return to court to deal with your old case, whichever comes first.

If, on the other hand, you were arrested but you were never charged and there was no warrant, then this case would be too old at this time to be prosecuted. How do you find out whether there's an active warrant against you? You could call the clerk of the court where you were to appear, give him your name and date of birth and have him run the history of your case. Or, you could retain a New York lawyer to look into your record for you and, if you wish to clear it up, for him to pave the way for our safest possible return.

It may be that, after 24 years, the witnesses once available in this case are now unreachable and the state couldn't get its act together to prosecute you now if they wanted to. So this may be something at this point that can be very easily disposed of.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,849
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 4 months ago
I guess I need to find a NY lawyer who can contact the court and see what's up. I live in Las Vegas now and been wondering if they might come after me or is something might happen if I fly into NY.
Anyway, Thank you again.....

As the matter was a felony, you are at risk anywhere in the country. That is, if the warrant turns up, you will be held in jail, typically without bail, to see if NYS wishes to pay to extradite you back to face your charges. You really should have a lawyer in NY look into whether a warrant does exist and, if so, whether it's a felony or was reduced to a misdemeanor. States do not extradite for misdemeanors, but a felony warrant can prove very inconvenient.

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