QUESTION
How do I clear my record for a bench warrant and theft charge from 15 years ago?
Asked on Nov 05th, 2013 on Criminal Law - Nevada
More details to this question:
I stole a pair of jeans and some socks for less than $100. I was jailed overnight and was supposed to appear in court on a given date. I missed the court date and now find there is a bench warrant/and theft charge still outstanding.
9 ANSWERS
John J. Carney
Retain a good criminal lawyer who will surrender you on the bench warrant. After 5 years the case can be dismissed unless the prosecutor can show due diligence in location you pursuant to the statute of limitations. In this case your being irresponsible may pay off with a dismissal as opposed to a jail sentence as the police and prosecutor never bothered to find you.
Answered on Nov 08th, 2013 at 10:27 AM
Criminal Attorney serving Atlanta, GA
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Gladden-Flenniken & Associates, LLC
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The easiest way is to hire an attorney to try to take care of the situation. The only way you can personally try to rectify the problem is by turning yourself into the appropriate jail. An attorney can at least explore the matter, and perhaps get you a court date scheduled or at least talk to the prosecutor. You may have to turn yourself into the jail, even with an attorney, but since the warrant is so old, you may spend a lot more time in jail if you try to do it by yourself, because once you turn yourself into the jail, you need someone on the outside to work on your case and getting you into court. This sounds like a misdemeanor, and if you had not missed your original court date, you may have been able to handle this on your own. But since there is an active warrant, the best way to deal with this is get an attorney involved. Once the warrant was issued, the Statute of Limitations does not run, and the case will not go away just because it is so old. It may eventually be dismissed, but dealing with the outstanding warrant has to be dealt with first - it will not just "go away".
Answered on Nov 08th, 2013 at 10:26 AM
Michael J. Breczinski
Get a lawyer local to the area and see what can be worked out.
Answered on Nov 06th, 2013 at 11:20 PM
The theft charge on you of 15 years ago may be prescribed because the prosecutor has 1 year to bring a misdemeanor crime to trial. I say may, because the DA can claim that the 1 year period was interrupted by your avoiding detection, apprehension or prosecution, flees the state, is outside the State, or is absent from your usual place of abode. So if you lived in the same place during the last 15 years or for at least for some time, did not leave the State,etc you should be free. However you do need to contact the DA to get the warrant cleared up b/c if you are stopped by the police for any reason and the warrant shows up you will be booked on the warrant as a fugitive from Justice.
Answered on Nov 06th, 2013 at 11:19 PM
I'm sorry for your troubles. One thing you don't want to do is wait much longer because, if you have any interaction with the police, you may spend another night in jail and you'll be in a much worse position with the court in terms of the underlying theft charge. Obviously, in order to have the bench warrant lifted, you're going to have to present yourself to the court. I would suggest that your attorney make arrangements with the clerk's office to have your file pulled and let them know you'll be in court on a particular day (if you show up to do it yourself, they'll likely put you in custody). Given the age of the charges, and assuming that you have no other criminal record, I would think that the court and the District Attorney would consider a relatively lenient resolution short of a plea of guilty (*possibly* a dismissal with court costs or a continuation without a finding would not be unusual), especially if you go in voluntarily. The other alternative would be to have the warrant lifted and then proceed with discovery to see if the DA will be able to prove the charges at trial, but that may be overkill if it can be resolved in some reasonable way on the same day you appear to lift the warrant. I wish you good luck.
Answered on Nov 06th, 2013 at 11:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Get an attorney, I doubt they will want to prosecute after 15 years.
Answered on Nov 06th, 2013 at 11:19 PM
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present, so it is less risky for you. Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Nov 06th, 2013 at 11:19 PM
Adoptions Attorney serving Lansing, MI
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You will have to turn yourself in in order to be arraigned and get the process started. Contact an experienced retail fraud attorney in your area who can help arrange this and so you can review your case, options, and likely outcomes.
Answered on Nov 06th, 2013 at 11:18 PM
James Edward Smith
Have an attorney file a motion to quash the warrant to plea bargain the old case to a dismissal.
Answered on Nov 06th, 2013 at 11:18 PM