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Tuesday, May 25, 2010

What would a court typicly do in this situation?

if you have a warrent for falure to apear to a hearing, they can arrest you right. but what if the hearing is for something that the time limit of the statute of limitations has already run out on?? what would a court typicly do in this situation?
Answers:
If you have a warrant for a failure to appear, then at the time of the warrant being issued, the statute of limitations is tolled; meaning that the clock stops running. So, if you are brought in on the warrant, there is no violation of the statute of limitations.
If, however, at the time the warrant was issued, the statute of limitations had already run out, then when the person is brought to court, the attorney can simply point out that the case should be dismissed on speedy trial grounds.
i think fines will be harsher. but they wont arrest you
Usually the statute of limitations has to do with filing the complaint (in a criminal case). Once the case has been opened, the statute of limitations doesn't matter. The case remains open until closed by whoever is investigating it. Failure to comply with a court order is a separate issue to the statute of limitations. You could still face arrest or fine; it depends upon the jurisdiction and the type of case it is. Call and find out what your options are. Laws are different from one town to another. Don't assume the answer is that easy. Check out what the facts are and take appropriate action.

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