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Bench Warrant (Arizona)

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sealadders

Guest
An incident occurred in Arizona (April 1997), whereby I was sent a notice to appear in court (certified mail). I no longer resided at the address that the notice was sent to and, as a result, never learned of it until after the court date (September 1997). Prior to it being sent, I moved to California (June 1997). When I learned of the bench warrant, I immediately contacted the court. Everytime I write to them, they send me a form letter telling me that I need to submit a $500.00 bond and have a new court date set. I am on disability and barely survive on my income, but I need to get this resolved. It is my 'understanding' that a misdemenor warrant is only good for five years. I have two sons, both who were arrested on old warrants (over five years old) and both had to be released because of the time frames. What do I do next?
 
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JETX

Senior Member
According to my cursory research of the AZ statutes, the SOL would only apply up to the time where an "indictment, information or complaint is filed." And if there was a post-commencement SOL, it would be waived for the time you are out of state. This is found in the following:
"13-107. Time limitations

A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.

B. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:

1. For a class 2 through a class 6 felony, seven years.

2. For a misdemeanor, one year.

3. For a petty offense, six months.

C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.

D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.

E. The period of limitation does not run for a serious offense as defined in section 13-604 during any time when the identity of the person who commits the offense or offenses is unknown.

F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.

G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal."
Source: http://www.azleg.state.az.us/ars/13/00107.htm
 
S

sealadders

Guest
Bench Warrant/Arizona

I did know about this residency requirement. However, I do have "dual residency" (not sure that that matters). I am employed by Arizona government, but have been on disability since 10/96. As I am still considered to be an employee, I have to be a resident of the state. How do I rectify this matter? I had a phone in my name in Arizona for the first four years, have maintained my Az. driver's license, and vote in Ariozna.
 
P

PrefersPrivacy

Guest
Contact the court and ask if the assurance bond can be relieved or reduced due to special circumstances. If not, inquire about making monthly installments on the total of $500. Keep in mind, of course, that depending on the ultimate disposition of your case, the bond should be refunded. You just have to be absolutely sure you can make the new court date.
 

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