[kmd_216]

My fiance got in a fight with a guy about 2 yrs ago. He broke the guys face pretty much, but never was interviewed. Then moved to AZ a few months later. A year ago when we went to Mexico, he was held at the border with a warrant for assault and battery from CA. They didn't want to extridite him from AZ. Does that mean it isn't a felony charge? What should he do? He called the county in CA and they had no record of a warrant as of a year ago. I'm just scared now that we are getting married and have a new baby. How can he find out if he has a warrant for CA? What are the statutes of Limitation on that for CA? Please help! Thanks, Nicole

[kmd_216]

Update! The charge is a Felony Battery with serious bodily injury. What is he facing?

[seniorjudge]

Update! The charge is a Felony Battery with serious bodily injury. What is he facing?

PC 245(a)(1); PC 245(a)(2); PC243(d):
Misdemeanor: Minimum: Probation and fine
Maximum: 1 year County Jail
Felony: Minimum: Probation and fine
Maximum: 4 years State Prison


A conviction is a strike under the three strikes law.

[aaron]

If he has been charged, the statute of limitations is no longer running. He should consider finding a criminal defense lawyer in the county where the charge is pending, and trying to work out a resolution of the charge.

[kmd_216]

If he has been charged, the statute of limitations is no longer running. He should consider finding a criminal defense lawyer in the county where the charge is pending, and trying to work out a resolution of the charge.

He hasn't been officially charged. It is only a Felony Complaint so far. He doesn't live in CA anymore so there is a warrant. He hasn't received anything saying he has a Felony complaint, I only know because I called the courthouse in that county after he was stopped at the Mexico border. The whole reason this mess happened was because the guy he got in a fight with tried to rape my fiances sister at a party. They were both drunk when they faught.

[aaron]

If there is a felony complaint, he has been charged.

[cdwjava]

He hasn't been officially charged.

Yes he has - a warrant has been issued by a judge.

The whole reason this mess happened was because the guy he got in a fight with tried to rape my fiances sister at a party. They were both drunk when they faught.

He will have to go to court to make the defense.

This warrant will not go away. It will limit access to many decent jobs, government assistance, loans of all kinds, and SSI so long as it exists. He will also risk further detentions and even arrests by the police until he surrenders on the warrant or manages to get an attorney to arrange for a surrender, bail, and release. In any event he will have to return to CA to take care of the matter ... some day he may very well be compelled to come back.

- carl