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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-03-2007, 06:57 PM
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Do warrants expire when you become an adult?


What is the name of your state? Florida

About two months ago my friend broke into a cop car. It was a volunteer cop car, so all he stole were some documents and a flashlight. He got into the car by smashing the window(He did it with his bare hands so he left a bit of blood on the car) and unlocking it from the inside. He was 17 at the time. He was wearing latex gloves but apparent they ripped or still left prints.

My friends birthday is in august, and he's been told by another friend that the warrants would be removed when he turned 18. Does anyone know if this is true?

Also, what charges would he face if he turned himself in and what are the chances he'd be tried as an adult? He's considering turning himself so that he can join the military. Is there anything he could do to reduce his punishment? Also, would he be consider a felon when he's an adult and lose his rights?

Last edited by tyuio; 11-03-2007 at 07:23 PM.
  #2  
Old 11-03-2007, 07:25 PM
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He needs some new friends - ones that won't get him sent to prison.
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  #3  
Old 11-04-2007, 04:32 AM
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Location: California - South
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Quote:
He's considering turning himself so that he can join the military. Is there anything he could do to reduce his punishment?
If he is given a sentance reduction on the basis on joining the military, he is automatically disqualified from joining all branches of the service

He must complete all obligations (parole...etc) prior to seeing a Recruiter
  #4  
Old 11-04-2007, 08:06 AM
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There is some truth to that. Its not that the warrant (called directive to apprehend for a juvenile) expires its that the juvenile system loses jurisdiction when the juvenile reaches a certain age and the charges can no longer be prosecuted. But in the state of Florida the age where the court loses jurisdiction is when the juvenile turns 19. Note that a juvenile becomes an adult at the age of 18, but the court can still retain jurisdiction for their juvenile crimes until they turn 19. Different states use different ages as the cutoff points.

If for example, your friend hid out until after he turned 19, than the State of Florida would have only two options to prosecute him. They'd either have to file determinate sentencing or certify him to be tried as an adult. Determinate sentencing has to be approved ahead of time and its generally reserved for repeat or violent offenders but on occasion it can be used for someone like your friend, who is on the verge of going unpunished solely because of the State's inability to find him in time. Certification is generally reserved for either the worst of the worst juveniles or for juveniles who's crimes were not discovered until they had already turned 19, (imagine a sex abuse case where the victim doesn't tell anyone for years) in which case the requirements to certify them are MUCH lower.

Bottom line, if your friend is not discovered by the age of 19 than chances are his case will dismissed since it is not a violent crime. I worked in the juvenile division in Texas for about a year and we had to do this all the time. But when we did find them we could use their attempts to allude us as evidence against them.

I'm not saying your friend should hide out for another year. Actually, that could really turn out bad for him. Juvenile charges are no fun but the system is set up for the benefit of the juvenile. You can take your licks and then stay out of trouble and seal and then later expunge your record and to the world its as if it never happened. If your friend did get certified or had a determine petition filed against him, and he was later adjudicated/convicted than it could follow him the rest of his life.

Last edited by CavemanLawyer; 11-04-2007 at 08:57 AM.
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