Criminal Statute of Limitations

[robincowley]

After 8 years a warrent shows up in the mail. The warrent has never showed up on traffic checks on 2 arrests for public intoxication even though a warrent from a town 30 miles away did.

How is it possible for a warrent to have been issued 8 years prior,
and not show up in the police computer system to suddenly appear
from the county having been issued so long ago.

Is there a statute of limitations, or some other argument such as
laches in civil law? I'm having trouble with this one, and would appreciate any help from aaron or mr Knowitall. Thanks.

[Mr. Knowitall]

It's hard to know why a warrant would show up after eight years. Presumably the warrant was obtained eight years ago, and was only just served upon you? (If the warrant was only just issued, you may have a statute of limitations defense.) Perhaps the prosecutor's office is on a mission to clean up its old, open files.

The warrant is for pubic intoxication charges? If so, given the nature of the charge and the length of time since the events, it seems quite possible that you could resolve the charge with a dismissal, perhaps upon agreemen to paying some form of fine or assessment of court costs. (If not, what you could negotiate will depend upon factors including the seriousness of the charge, and the availability of evidence and witnesses.) You may wish to discuss your situation with a local criminal defense lawyer to see what you might be able to achieve.

If the eight year delay makes it more difficult for you to present a defense, due to fading memories, loss of evidence, etc., you may have a due process defense based upon the prosecutor's lack of diligence in pursuing the charge in a more timely manner. That will likely depend upon the full facts and circumstances of the case.

[cdwjava]

Also keep in mind that some counties will not book on bench warrants or low level misdemeanor warrants (such as traffic warrants). So, even if they were located during prior contacts, it is very possible that they could not book you on them for some reason and no one thought it important to advise you of their existence.

- carl