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What's the Likelihood There Is a Warrant?

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  • 08-30-2007, 01:06 AM
    Magetf
    What's the Likelihood There Is a Warrant?
    Almost 10 years ago while working retail, I was an idiot and stole from the store. I didn't get caught so much as admitted it when asked, they had me write out what I did and that I agreed to pay $500 for the theft. I never heard from them again, so I didn't pay it back. My state issued ID had my correct address, or at least an address I would have known that the police had come to serve a warrant for a good 4 or 5 years.

    Is it possible that a warrant would be issued that they never bothered to attempt to serve at all?

    This is in Kentucky.
  • 08-30-2007, 02:02 AM
    blueeagle
    Re: What's the likelihood there is a warrant?
    Police are lazy and never serve warrants. I never have under stood this at all. Logically it makes sense to apprehend somebody once a warrant has been issued, but the police never do. The only time warrants are ever served is at traffic stops... I know some people may be hiding, but 99% of people never flee.

    You could call the local police department and see if a warrant is out for your arrest. If no warrant exist then you have nothing to fear, because of the stature of limitations. If one does exist the case will probably be dismissed anyway.
  • 08-30-2007, 02:16 AM
    Magetf
    Re: What's the likelihood there is a warrant?
    Are any of the online background checks any good, especially any that are cheaper, and will it show up there?

    Calling them up and saying "uh, do I have a warrant" seems contrary to my common sense. If I do have one I'd rather get a lawyer before anything happens.
  • 09-01-2007, 01:57 PM
    cdwjava
    Re: What's the Likelihood There Is a Warrant?
    Quote:

    Quoting Magetf
    View Post
    Almost 10 years ago while working retail, I was an idiot and stole from the store. I didn't get caught so much as admitted it when asked, they had me write out what I did and that I agreed to pay $500 for the theft. I never heard from them again, so I didn't pay it back. My state issued ID had my correct address, or at least an address I would have known that the police had come to serve a warrant for a good 4 or 5 years.

    Is it possible that a warrant would be issued that they never bothered to attempt to serve at all?

    This is in Kentucky.

    It is possible that you have a warrant, but doubtful. And if your address has been the same during all that time if they DID suddenly come back and hit you up for it, your attorney can argue a lack of due diligence in the service of the warrant and thus argue that thet statute of limitations might apply.

    - Carl
  • 09-01-2007, 01:57 PM
    panther10758
    Re: What's the Likelihood There Is a Warrant?
    If I am not mistaken anyone with 50 bucks can buy a background check on anyone, the internet is filled with these places. Even if there is a warrant the SOL should have ran out by now.
  • 09-01-2007, 07:53 PM
    aaron
    Re: What's the Likelihood There Is a Warrant?
    Quote:

    Quoting panther10758
    View Post
    Even if there is a warrant the SOL should have ran out by now.

    A criminal statute of limitations stops running when the warrant is issued.
  • 09-01-2007, 08:21 PM
    cdwjava
    Re: What's the Likelihood There Is a Warrant?
    Yes, but, if due diligence has not been taken to serve the warrant, the SOL could be reinstated and it might then have been considered tolled. If he had not moved in years, and the warrant had his good address on it, it can be argued (at least in some states) that there was a lack of due diligence to serve the warrant and the SOL may be permitted to stand.

    I have seen it happen here, but I suppose each state can be different.

    - Carl
  • 09-01-2007, 08:29 PM
    panther10758
    Re: What's the Likelihood There Is a Warrant?
    I would think 10 years would meet that
  • 09-01-2007, 09:50 PM
    aaron
    Re: What's the Likelihood There Is a Warrant?
    Quote:

    Quoting cdwjava
    View Post
    Yes, but, if due diligence has not been taken to serve the warrant, the SOL could be reinstated and it might then have been considered tolled.

    Speedy trial and due process issues can come into play, sure, but that's really a separate issue than the statute of limitations.
  • 09-01-2007, 10:21 PM
    cdwjava
    Re: What's the Likelihood There Is a Warrant?
    I have seen cases dismissed based upon lack of diligence in the service of the warrant ... I suppose the dismissals could have been based upon due process as opposed to SOL - that area is somewhat out of my realm of experience.

    - Carl
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