9 year old out-of-state (AZ) bench warrant - defendant knew nothing about

[carml1234]

A felony charge bench warrant was issued in AZ for aggravated assault (due to a MVA where other drivers were injured, but no deaths) and the driver in question was at fault (but no DUI). Driver in question was actually treated in a hospital in AZ after the accident and after a few days, returned back home to Ohio. That was 9 years ago.

Since that time, he had travelled multiple times in an out of the country, been pulled over multiple times in different states (except in AZ), has renewed his license, etc and the issue of a warrant has never came up. He has never received anything in the mail and has not moved in that time period.

He was pulled over for a routine stop a few weeks ago in OH and subsequently arrested because of an outstanding bench warrant from over 9 years ago in AZ.

Is there a defense to be made of the fact that he didn't know he had a warrant for his arrest in AZ and that he didn't try to evade the warrant (numerous stops in various states/license renewal/out-of-country travel/etc), he was never taken in? Can the warrant be squashed on any such basis or anything else I'm not thinking of?

 

[Zigner]

His attorney should be able to help with with these questions.

 

[CSO286]

A felony charge bench warrant was issued in AZ for aggravated assault (due to a MVA where other drivers were injured, but no deaths) and the driver in question was at fault (but no DUI). Driver in question was actually treated in a hospital in AZ after the accident and after a few days, returned back home to Ohio. That was 9 years ago.

Since that time, he had travelled multiple times in an out of the country, been pulled over multiple times in different states (except in AZ), has renewed his license, etc and the issue of a warrant has never came up. He has never received anything in the mail and has not moved in that time period.

He was pulled over for a routine stop a few weeks ago in OH and subsequently arrested because of an outstanding bench warrant from over 9 years ago in AZ.

Is there a defense to be made of the fact that he didn't know he had a warrant for his arrest in AZ and that he didn't try to evade the warrant (numerous stops in various states/license renewal/out-of-country travel/etc), he was never taken in? Can the warrant be squashed on any such basis or anything else I'm not thinking of?

Ignorance has never been held as an acceptable excuse.
He needs to deal with the charges in AZ. Court appearances, lawyer, etc.

 

[OHRoadwarrior]

There is a statute of limitations on when he can be charged. Once charged, a warrant for arrest does not expire.

 

[dave33]

A felony charge bench warrant was issued in AZ for aggravated assault (due to a MVA where other drivers were injured, but no deaths) and the driver in question was at fault (but no DUI). Driver in question was actually treated in a hospital in AZ after the accident and after a few days, returned back home to Ohio. That was 9 years ago.

Since that time, he had travelled multiple times in an out of the country, been pulled over multiple times in different states (except in AZ), has renewed his license, etc and the issue of a warrant has never came up. He has never received anything in the mail and has not moved in that time period.

He was pulled over for a routine stop a few weeks ago in OH and subsequently arrested because of an outstanding bench warrant from over 9 years ago in AZ.

Is there a defense to be made of the fact that he didn't know he had a warrant for his arrest in AZ and that he didn't try to evade the warrant (numerous stops in various states/license renewal/out-of-country travel/etc), he was never taken in? Can the warrant be squashed on any such basis or anything else I'm not thinking of?

There may be some statute issues or some due diligence issues, only a lawyer can say for sure.