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11 answers

No. Once an arrest warrant is issued, it has no statue of limitation... meaning it will never expire.

Law enforcement has x number of years to issue the warrant (decide to take out charges) depending on the state. That is where the statute of limitations comes into play.

2006-07-10 07:28:51 · answer #1 · answered by BeachBum 7 · 0 0

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Last one first. Probable cause is exactly the standard for indictment. It's a little more complicated than that, because the grand jury may consider more than just whether there's probable cause. They are something of a community filter to help decide not just probable cause but what should be tried. It's really pretty unusual to be stuck with PC only and no trial case until the statute runs. You're talking about anything from several to many years before the time runs out. Far more likely is to make the arrest, in hopes that it will produce something more. If it doesn't, and the prosecutor believes he is pretty sure to lose or pretty sure that, even if he wins, it would be reversed as insufficient, he will just dismiss it at that point. Remember that you can get a warrant on any individual that you can represent in the affidavit and warrant in a way that he can be distinguished from other people. So you don't actually need a name. I have gotten a warrant and indictment on an individual for burglary when the only sure thing I had were his fingerprints and photograph. His only prior arrest was very minor, and he had no ID and could have given anyone's name and DOB. I didn't want to assume he had been truthful about that. That name and DOB might belong to a different real person. The warrant was for "A Hispanic male whose fingerprints and photograph are attached as Exhibit A and Exhibit B." A little awkward when it's The State v. all of that language, but it works, because it refers to one and only one known individual. He did get arrested again, and it turned out he really did give the right name. I have also heard of indictments being issued on DNA alone. I don't how those have tested out later in court. But it is NOT a common practice to get warrants to carry an investigation past the statute of limitations, because the limitation period sof serious offense are long and commonly no limit on murder, and those are the ones with a dead victim witness or a missing victim, and you can happily investigate until you get the killer or you're sure he's dead. Some child sex offenses have limitation periods stated in other terms, like ten years from the 18th birthday of the victim.

2016-04-10 04:14:28 · answer #2 · answered by Anonymous · 0 0

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2016-06-10 12:55:12 · answer #3 · answered by ? 3 · 0 0

To support the last few, there is NO statute of limitations on arrest warrants.

I've served an arrest warrant issued over 20 years prior to the date of service. Once the warrant is issued, it can only go away if it is served (i.e. the subject is arrested) or the warrant is cancelled by the issuing agency.

2006-07-10 08:03:19 · answer #4 · answered by MW-Cop 1 · 0 0

It depends on where you are and what the warrant is for, but in most cases a search warrant must be served within 10-20 days of being issued. Arrest warrants remain open until served AFAIK, but you should check with an attorney to be sure. After all, laws vary from place to place.

2006-07-10 07:35:56 · answer #5 · answered by dukefenton 7 · 0 0

NO. There is a statute of limitations between the time a crime occurs and when it can be prosecuted. Once charges have been file and a warrant issued, the statute of limitations no longer applies.

Best bet is to "be a man" and accept the punishment if you've committed a crime. Get an attorney and turn yourself in, then let the attorney do his job.

2006-07-10 07:29:44 · answer #6 · answered by ceprn 6 · 0 0

Statute of limitations--time crime occures until Defendant is charged.

So once the arrest warrant has been issued the clock stops ticking as to the SOL.

But, there is a speedy trial clock that begins to tick. And depending on the offense and the state it could mean the case gets dismissed once the person is picked up.

2006-07-10 07:59:01 · answer #7 · answered by strangedaze23 3 · 0 0

Arrest warrants are valid until one of the following occurs- - The person is arrested - The issuer withdraws it - The person named dies You could go 30yrs and still get arrested on the warrant. The "Statute of Limitations" only applies to the time period in which the government has to FILE the charges with the court. Once they file the charges the clock stops. - David

2016-03-16 22:03:40 · answer #8 · answered by ? 4 · 0 0

Some small municipalities will recall a warrant after so many years if they haven't been served, but it depends on what they have been issued for. In this area its usually about 10 years, but the oldest warrant I have seen as active was one issued in 1971, and it hasn't been recalled yet.

2006-07-10 10:29:14 · answer #9 · answered by dannyl410 2 · 0 0

That depends on what the warrant is for. If it's for something minor, there probably is. If it's for murder, no.

2006-07-10 07:28:05 · answer #10 · answered by Cols 3 · 0 0

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