What is the Limitation on California Misdemeanor Warrant ??

Question

Could I be picked up after 23 years on a silly charge?

Answer 1

I have seen low-level misdemeanor "Theft by Check" (Hot Check) warrants surface after 15 years. However, let me say that 20+ years ago the criminal background records were not maintained very well. If your offense was a low-level misdemeanor then it may have never been put in the system. However if you are really interested you can easily find out. Just call the local sheriff's office where the offense occurred (albeit 23 years ago) and just ask to speak to a person in the warrants section. Give them your name and date of birth and ask if you have a warrant. If you do have a warrant the sheriff's office will tell you.

Answer 2

You can be picked up and, in theory, still be prosecuted for a misdemeanor that old.

Although arrest is a definite possibility, prosecution is much more unlikely. Here's why:

Regarding arrest only. If a police officer pulls you over, comes to your house or otherwise has contact with and runs youn, the warrant for your arrest will pop up in the system. The officer will make the decision whether or not to arrest you on the warrant based on bail amount, type of charge and, frankly, using his own discretion as to whether or not arrest is the right choice. The officer can advise you of the warrant and recommend you go to court and take care of or, in some jurisdictions, the officer can issue you a summons to appear in court on the warrant.

Once you are in custody, or going through the system out of custody, there will be some inherent problems that will make prosecution unlikely. First, if the charge is from 23 years ago, the cop who took the report is likely retired or gone. No cop = no prosecution. Second, if there were witnesses, they are also likely gone. If they are not, they likely do not have independent recollection of the 23 year old event. No witnesses = no prosecution. Finally, if there was evidence, it is most likely destroyed. Many police agencies, including the one I work for hold eveidence for a limited time - often only a year or two for misdemeanors. No evidence = no prosecution.

I think your best choice is to go to the court where the warrant is held, get a court date and appear. I suspect your case will be formally dismissed at that time. Good luck!

Answer 3

I suppose that if you are "wanted" from a charge 23 years ago (and haven't been to see a judge) - then perhaps you are still wanted!

Best way is to find a lawyer.. and have them call the court on your behalf.

Answer 4

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Answer 5

No limitation, Yes!