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Warrants and Statue of Limitations

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R

rub215

Guest
Scenatio-
A warrant is issued for a individual (or so he thinks). This is for a federal case involving mortgage fraud. The statue of limitations is up December 2000. If this person is not apprehended before December 2000, let's say they are apprehended Jan. 15, 2001. what can happen.
If a warrant is issued does that stop the statue of limitations or will the individual eventually be arrested but not charged because not caught in time.
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

May still be charged on new charges, or if on new charges, prosecution will have to show diligence in trying to arrest/bring forth on charges. Also, judge may decide statute of limitations is not up. --> lots of loopholes in the law.

Otherwise, can't be charged, and prosecution will go about another way.
 
B

boitoiva

Junior Member
Hello

Virginia

I am an Asst. Solicitor General for the U.S., and if the information is filed before the statute expires, warrant or not, the prosecution's burden under the statute has been met. You can therefore be tried at whatever time you are brought to justice.
 
S

seniorjudge

Senior Member
rub215 said:
Scenatio-
A warrant is issued for a individual (or so he thinks). This is for a federal case involving mortgage fraud. The statue of limitations is up December 2000. If this person is not apprehended before December 2000, let's say they are apprehended Jan. 15, 2001. what can happen.
If a warrant is issued does that stop the statue of limitations or will the individual eventually be arrested but not charged because not caught in time.
Click to expand...
Q: If a warrant is issued does that stop the statue of limitations

A: Yes.
 
S

seniorjudge

Senior Member
BelizeBreeze said:
In other words, a warrant is like an ex-wife....

They NEVER expire.
Click to expand...
No kidding.

Do you know the difference between athlete's foot and true love?




















(Athlete's foot never dies.) :D
 
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