arrest warrant

[shay1771]

What is the name of your state (only U.S. law)? NH

I was employed by a company in vermont, lived in NH, whiles there i was given a gift card to a local store by the owner, a few months after that i was fired/quit for medical reasons and the owners wife accused me of stealing the gift card. I told her her husband gave it to me, and she went to the local PD anyways (he would not say anything), so i was called by the pd to go talk to them, and i did, i even wrote a statement saying what happened, and then never heard any more. Now almost 2 years later I now live 2 hours away and have heard from employees that still work there that they have an arrest warrant out for me and are also taking me to small claims court. I have not heard from the police, but they dont know my new address/phone number. I have heard that they are going to try and trick me into coming to Vermont to get arressted. Can I get arressted in Nh for a VT warrant? And if I have not been served for small claims, can they rule against me?

 

[outonbail]

Can I get arressted in Nh for a VT warrant?

Yes.

And if I have not been served for small claims, can they rule against me?

No, they have to file a proof of service before the case will be heard.

 

[dave33]

Than can arrest you however alot of times they will not extradite in these situations. Depends on the state, but if you are arrested once for the charge and not extradited you cannot be re-arrested by the same state. Also you should look into the s.o.l. in regards to the whole situation.

 

[FlyingRon]

Yes.
No, they have to file a proof of service before the case will be heard.

Yes, but proof of service in many courts doesn't mean that the served actually received or read the service. Many courts allow service by first class mail.

 

[shay1771]

Dave33
What is s.o.l.?

 

[FlyingRon]

Statute of Limitations = SOL

For civil matters 3 or 6 years typically.
May be "tolled" (put on hold) when you are absent from the state.

 

[shay1771]

would it be a civil matter? (Im thinking you are talking about the small claims case?) What about the arrest warrant? I looked online and im guessing they would charge me with petty larcency? (The gift card was valued at 350), how long is that?

 

[FlyingRon]

would it be a civil matter? (Im thinking you are talking about the small claims case?) What about the arrest warrant? I looked online and im guessing they would charge me with petty larcency? (The gift card was valued at 350), how long is that?

Three years for misdemeanors and most non-heinous felonies.
The time limit ends as soon as the arrest warrant is presented to the judge.

 

[shay1771]

What do you mean the time limit ends as soon as its presented to the judge? Do you mean the 3 years starts then?

 

[FlyingRon]

The time limit ends there. Once the warrant is presented to the judge, prosecution is deemed to have COMMENCED. The statute of limitations no longer applies. You're not dodging the criminal charge just because you are a fugitive.

 

[shay1771]

I really dont mean to sound stupid, but i dont understand what your saying

 

[outonbail]

There is no SOL on warrants. They remain active until the person is held to answer.

So if the charges were filed and a warrant issued, it will not go away by itself.

You will eventually have to answer to it if you want it to go away.