If a Warrant Doesn't Appear in NCIC, Can You Conclude You Weren't Charged

My question involves criminal law for the state of: Florida

My question is fairly an easy one. I understand that the statute of limitation for a third degree felonly or even 2nd degree felony in the state of Florida is three years; however, that statute of limiation may be tolled if the person accused is out of state. So far, so good, I understand that. I understand that there is a total amount of time that the statute can be tolled, which is only up to another 3 years; therefore, being a total of 6 years maximum. This person has checked his or her name through the FDLE active warrant list and nothing at all!!!!! Great for them.:D If he or she has not been charged within 14 years, it is safe to say that charges were never filed...??? Also, can someone enhance my undertanding of the maximum statute being tolled time..??

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If he or she has not been charged within 14 years, it is safe to say that charges were never filed...???

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No, at least as far as the reasons for believing such as you have described them.

Not all warrants show up. Here is the disclaimer from the FDLE site:

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The database contains Florida warrant information as reported to the Florida Department of Law Enforcement by law enforcement agencies throughout the state and authorized for release to the public. FDLE and the reporting agencies strongly recommend that no citizen take any individual action based on this information. This information is not to be used as a confirmation that any warrant is active, or as probable cause for an arrest. Information contained herein should not be relied upon for any type of legal action. FDLE cannot represent that this information is current, active, or complete. You should verify that a warrant is active with your local law enforcement agency or with the reporting agency

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note:

as reported- if the warrant was issued by an entity and not reported, it won't show up in the FDLE list. Doesn't make the warrant invalid. Just means they didn't report it.

This information is not to be used as a confirmation that any warrant is...


FDLE cannot represent that this information is current, active, or complete



and to the last statement of the quoted section; they have no obligation to provide accurate information if you ask them. If you want to be sure there is no warrant, go to the law enforcement agency involved, in person, and ask them if there are any warrants on you. Only if you get to walk out can you be reasonably certain there are none.

Ok then...... If this individual has had his or her name searched about a half-dozen times through NCIC and holds a valid US Passport does that clarify anything...??? This person was pulled over in a few different states and received his/her passport in 2006 without any difficulties. I am not an attorney, but I would like to think that if a person's name was run through NCIC several times in the last 5-7 years, it sounds ok. Again, I am not an attorney. I am just trying to use logic for her.

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If this individual has had his or her name searched about a half-dozen times through NCIC and holds a valid US Passport does that clarify anything

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Nope

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This person was pulled over in a few different states and received his/her passport in 2006 without any difficulties.

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nope


there are no guarantees. If the locality that issued the warrant simply did not report it to any entity outside their jurisdiction, there could be a warrant that only they know of. While it is not all that likely, it isn't impossible either. There are also other possibilities that could cause a warrant not show up on the searches you have listed either. Something as simple as a misspelling of the name could cause a no show of the warrant if you searched by name. Same thing with any other basis of a search.

Warrants have a funny way of showing up when you least expect them. There are many stories of people that had been pulled over many times with a warrant not showing but then, out of nowhere, and even in the same jurisdiction, bang, a warrant shows up. Sometimes there just isn't an explanation for how it happens. It just happens.

Is it rather unlikely that Orlando/Orange County or Osceola-Seminole County would not report it out of their jurisdiction. I had a friend from Brevard County who was bonded out of county for a simple dui, jumped bond, was discovered in the southwest and extradited back to FL from AZ. I don't believe had a bondsman not been involved Florida would have spent their own $$$$ on the extradidtion. My friend in Wyoming has an outstanding warrant in Pinellas County and they are well-aware he is in Wyoming. Their not paying literally thousands to get him back on a dui.

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Is it rather unlikely that Orlando/Orange County or Osceola-Seminole County would not report it out of their jurisdiction.

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all I can say is; glad it isn't me that has to be concerned about it.

while the actions taken give one a reasonable belief there were no warrants issued, as I said, sometimes they just show up out of nowhere.

and what does any of this have to do with extradition? A state makes a determination of extraditing a person when presented with the issue. They might extradite a person wanted for a lesser crime while not extraditing a person for a greater crime. Just as with the sudden appearance of warrants, sometimes there is no apparent reason for the action, or lack of action.

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My friend in Wyoming has an outstanding warrant in Pinellas County and they are well-aware he is in Wyoming. Their not paying literally thousands to get him back on a dui.

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so you think that makes your friend exempt from arrest if stopped by any cop in Wyoming? Is that going to stop him from being held for the time it takes for Wyoming to give Pinellas County notice they have him in custody and get a response? Even if they do not extradite, he could sit in jail for a considerable length of time. Actually more than if was arrested in the state of the offense.

---------------all I can say is; glad it isn't me that has to be concerned about it.--------------------

JK, you said a mouthful right there and I concur with you 100%!!!:D I am glad that I am also not the one who has to be concerned with it. All that I could tell my friend who is concerned about it is "logic." Although, that may not be the right word to use with him. I explained to him that it has been 14 years, you have had your name searched a half-dozen times with NCIC, received a US Passport, and lived in Florida for another ten months after the fact with a FL driver's license. Correct me if I am wrong, but doesn't DMV see it if someone has an outstanding warrant in the state...??? Therefore, I pretty much told him the same thing that you said, that he should have reasonable belief that no warrants were issued.

My friend in Wyoming and this person are two different persons.

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Correct me if I am wrong, but doesn't DMV see it if someone has an outstanding warrant in the state...???

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I don't believe so and know of no reason they would. They are not an agent of the criminal justice system so unless there is something that specifically involves something they would act on because of, I do not see where they would willingly overwhelm their almost assuredly undermanned staff by attempting to chase criminals on top of what they already do.

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Therefore, I pretty much told him the same thing that you said, that he should have reasonable belief that no warrants were issued.

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just be sure to toss in the disclaimer:

no guarantees!!!!!

After a somewhat lengthy conversation with an attorney in the state of Florida, my friend has found out that there is a better chance of him winning the lottery than a warrant out for his or her arrrest. The reason that this attorney gave was simple and straightforward, (1) his name has been run in the past 6-7 years on NCIC in three different states and nothing (2) he received a US Passport with absolutely no difficulty and (3) he has an immediate family mother (a parent) who lives about 30 miles up the road from where he was concerned about. The attorney assured him that his name would have popped on NCIC during any of those searches done by other states in CA, MS, and AR. Second, if he had an outstanding warrant the state department would have had him clear up the warrant before issuing a US Passport. The attorney simply told him, "they are not going to assist you in fleeing the country."

I told him over and over again, "( his name), if any of your traffic stops did not produce a warrant in NCIC, there isn't one." An attorney backed up what I said the whole time.

As for a misspell in a name, possible, but they also use SS# to do the match.

The attorney overstated things, although the odds are that he's correct in his conclusion.

I've seen quite a few cases in which old records are added to a more modern computerized system, with ten, fifteen, twenty+-year-old warrants and driver's license suspensions suddenly popping up.

If you want to know if charges were filed against you, you can check with the county court in which the charges would have been filed. If charges were filed a record should show up under your name.