Misdemeanor: hit and run stat. of limitations

[Need_some_help]

What is the name of your state? CA


In 2004 my cell phone was left in a car that had crashed later. The Driver had left the scene. There were no injuries. I was contacted by the police about 2 days later asking about the accident. I explained I was not there at the time (as did the 2 passengers in the car at the time of the accident). I was told to go to the police station to give a statement. I agreed but hired a lawyer to go with me. When we called to set up a time the lawyer and I were told that was not necessary for me to come down and if there were any more questions they would contact us.

I did not live in CA, but was visiting my parents at the time. I left back to Fl and kept in touch with the lawyer for about 6 months to see if there were any "lingering" issues. Nothing was filed and I never received a call or ticket. I was later even arrested for disturbing the peace in 2006 and nothing arose about that incident. I just applied for a job in AZ and it came up that I have a warrent in CA and I have been charged with Hit and Run and delaying a peace officer.

I realize warrents in CA do not run out and I am going to need to "surrender" at some point, and I also have already contacted that lawyer, but his response is take care of the warrent first, then we'll worry about the charges, and he now does not remember the case, however I'm sure he has it on file somewhere... no money was exchanged the first go around since charges were not filed...

My question is... is this something that statute of limitations could handle once it goes to court since i was never made aware that I was charged??? and it's been 4 years?

Thanks in advance

[CdwJava]

Originally Posted by Need_some_help

My question is... is this something that statute of limitations could handle once it goes to court since i was never made aware that I was charged??? and it's been 4 years?

Thanks in advance

If the warrant was issued within one year of the incident (three years if a felony ... if someone was injured, it would be a felony), then the SOL ceased to be an issue.

The only possible issue MIGHT be an argument that they failed to attempt to serve you in a timely manner. But, if you left the state in that time,or were not able to be located even this won't be an issue.

And, no, they do no have to notify you of the warrant ahead of time. They CAN, but they do not have to.

- Carl