Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-19-2005, 08:47 AM
Junior Member
 
Join Date: Aug 2005
Location: Buffalo, NY
Posts: 7
Send a message via Yahoo to markg4468

PLEASE HELP...Re:Stat. Limitations of Felony Warants


undefinedWhat is the name of your state?
Please help!!
I have been searching online for 2days trying to get the info I need...
State: Kentucky: Need to know if there is a statute of limitations on a felony arrest warrant???Just found out that in 1996 there was a Gr.Larceny warrant logged while there on business Re; a dispute with my employer over wages...
Thank You!
[email]Mgranto68@yahoo.com[/email]
  #2  
Old 08-19-2005, 09:20 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,446
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Arrest warrants go away under two conditions: (1) they are recalled by the court, or, (2) they are served on the defendant.

There is no SOL on a warrant.

You will have to deal with the matter or stay in hiding until the day they come for you.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 08-19-2005, 02:04 PM
Junior Member
 
Join Date: Aug 2005
Location: Buffalo, NY
Posts: 7
Send a message via Yahoo to markg4468

Even after 10yrs???


undefined State of KY

I have been arrested since this incident in 1996...Why hasn't the warrant shown up on NCIC???
Could KY Statute be diff from Calif?
Thanks for the input Sgt.
  #4  
Old 08-19-2005, 02:51 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,446
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by markg4468
undefined State of KY

I have been arrested since this incident in 1996...Why hasn't the warrant shown up on NCIC???
Could KY Statute be diff from Calif?
Thanks for the input Sgt.
How do you know it's not in NCIC? You couldn't possibly have legal access to it.

Keep in mind that if it is a misdemeanor warrant, or one that KY does not wish to extradite on, they will not enter it in to NCIC at all. It may even be listed as a conditional extradition (from certain locations) or regional and not nationwide. And if within the state, if it is a low level warrant it may not even be entered in to a state system outside the county of issuance.

IF there is a warrant, it will remain until recalled by the court or served. If the state had entered it in to NCIC, it will purge from the system after a set number of years (I'd have to look it up, but it is either 3 or 5 I believe) unless renewed. Most agencies automactically renew warrant entries so this is almost never an issue. However, I understand that some states have a policy of allowing them to lapse from NCIC even if still valid unless there has been good faith attempts to make service on the warrants.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 08-20-2005, 10:16 AM
Junior Member
 
Join Date: Aug 2005
Location: Buffalo, NY
Posts: 7
Send a message via Yahoo to markg4468

Thank You..Carl..


To answer your question...I know it is not listed on NCIC for 2 reasons...
#1 Each time ANYONE gets booked in the state of NY NCIC is run @ time of booking and at time of release from custody...#2; My father is a police Capt. and has checked quite frequently over the years for me..Plus, I have been pulled over for speeding and random safety checks since in other commonwealth states(IN,OH) and if it were there it would have come up then don't you agree?
Thanks again for the advice/input..
Mark
  #6  
Old 08-20-2005, 07:13 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,446
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by markg4468
To answer your question...I know it is not listed on NCIC for 2 reasons...
#1 Each time ANYONE gets booked in the state of NY NCIC is run @ time of booking and at time of release from custody...
If the issuing state did not care to extradite then it would either not come up on an NCIC check, or, they would not concern themselves with it because it was not extraditable.


Quote:
#2; My father is a police Capt. and has checked quite frequently over the years for me
Your father is likely violating state and federal law in doing this.


Quote:
..Plus, I have been pulled over for speeding and random safety checks since in other commonwealth states(IN,OH) and if it were there it would have come up then don't you agree?
Not everywhere will run NCIC checks on routine traffic stops.

Sad, but true. The CHP was once notorious for that ... and in some parts of CA they still don't check NCIC on stops. It's one reason why many wanted criminals don't always fret a stop by the CHP.

One way to find out is to go to where you think the warrant is and turn yourself in.

And if there IS a warrant, then it does NOT expire.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:24 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.