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Warrant for my arrest!


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A couple of weeks ago my mom called me to tell me that the police were out at her house trying to serve a warrant for my arrest. I was not there since I've lived in VA for 8 years and my mother lives in AZ so she got a phone number and address from them and she gave me the message. I had no idea what this is all about so I write to the address provided asking for information. Today I get a response and it's for 4 bad checks. When I was 18, 15 years ago, I wrote a bad check and had to go to court. I pleaded guilty and was ordered to go into the "bad check program" where I had to pay a fee of $200 bucks in installments. Well, I ended up not paying all of the installments. This was in 1992 and I remaind in Arizona until 2000 and never heard a word about it. I had been pulled over in that time and there were never any issues with it. Well, the other 3 checks that they are trying to stick me with are from my father, whom has the same name, and has passed away about years ago (2000). I know I owe the fine for the one check that I never paid all the fee's for but I'm wondering how in the heck they can issue a warrant without ever prosecuting me. Is it possible that the warrant serves the purpose to start the prosecution process, which is what I'm hoping. I do not want to find out that they have already convicted me with due process. My final question is, is there a SOL for prosecuting something like this and is it possible that the SOL is tolled since I moved away?

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Sorry to hear of your troubles, but from my understanding warrants never expire. You will need to deal with this as quickly as possible. I would contact and attorney in AZ and have him to represent you. You may have to appear so that they can process the paper work. If you get a bond it will probably be unsecured. PLS Get a lawyer to represent you and if you must appear be sure that he goes with you! Hope this helps.

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Sorry to hear of your troubles, but from my understanding warrants never expire. You will need to deal with this as quickly as possible. I would contact and attorney in AZ and have him to represent you. You may have to appear so that they can process the paper work. If you get a bond it will probably be unsecured. PLS Get a lawyer to represent you and if you must appear be sure that he goes with you! Hope this helps.

Thanks. I already sent the payment for what I actually owe, just wondering about the other and I'm waiting on an attorney to call me back now.

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The warrant could be for failure to appear, or even a habeas corpus. Without anymore information, the possibilities are endless. One could guess that it is a habeas corpus where the judge wants to know why you never paid the fine. When you get there, you'll be in contempt for failure to pay the fine.

However, that is one of many possibilities. Good Luck...something seems strange, because that is usually not a warrant they come knocking on your door for, unless they are running some type of "warrant roundup" like there called here in Texas.

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Apparently they have a new program out in AZ where every 6 weeks they go out on a mission to round up "bad checks". They bring the sheriff and the news as a deterant for others. I did call the "warrant line" and all they told me was that I would be brought in if I were to be pulled over. I pretty sure they are after me for the unpaid fine, however, they have another thing coming if they think they are going to get me on a debt that is my fathers. When they sent me the paper work, they only included check amounts and dates they were written and they "merged" everything into one offense. I got an attorney today and he said that even if the checks were mine that they are too late to prosecute. He also told me that this type of offense is intended to be for people whom purposely write bad checks, not for people that just can't "balance a check book". He said that would be a civil liability by the person that the bad check was written too. In all reality, I should have never even plead guilty for the one check that I wrote.

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A warrant may not expire, but I have a hard time believing they would decide to prosecute a 15 year old petty crime. It's prob. beyond SoL anyhow. Even bad checks from 2000 must be SoL by now?

-r

once criminal charges has been filed sol is no longer an issue for that crime. sol in criminal charges only applies to the filing of charges. Now here in oklahoma sol is different on different charges like rape is 12 years, murder is never expiring and petty larceny is 7 years.

Warrant roundups are pretty common all over the nation.

now here is the thing.

if it is a misdemeanor charge and you are in a different state than you are safe. The police there can not arrest you. If it is a felony charge warrant they can arrest you and send you back to the original state. Most places will not travel far distances for small bonds. so even if it is a felony you can still be safe.

Here is the thing, once it is in criminal court like this and you have entered a plea, your best advice is to pay it and pay it quick.

When you made the plea you signed rules and conditions of that plea agreement and if you do not follow those rules the plea is invalid and they can send you to prison. so i would fix it and fix it fast.

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Considering your freedom is at issue here, your best course of action is to get an attorney and explain that the remaining checks were bounced by your deceased father, not you.

And yes your freedom is at issue. A warrant for your arrest means the police are obligated to take you into custody until you appear before a judge, which could be hours, days, or weeks later. Explaining to your employer or college professor (if a student) that you were not in attendance because you were arrested is not going to get you any sympathy.

Let the attorney deal with it. Even if it costs a thousand dollars it is better than loosing your job or getting flunked in your classes because of this mix up.

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Considering your freedom is at issue here, your best course of action is to get an attorney and explain that the remaining checks were bounced by your deceased father, not you.

And yes your freedom is at issue. A warrant for your arrest means the police are obligated to take you into custody until you appear before a judge, which could be hours, days, or weeks later. Explaining to your employer or college professor (if a student) that you were not in attendance because you were arrested is not going to get you any sympathy.

Let the attorney deal with it. Even if it costs a thousand dollars it is better than loosing your job or getting flunked in your classes because of this mix up.

that is correct

police are not only obligated but are ordered to arrest with a warrant. if a police officer has a warrant and that warrant is in fact the person they have (by comparing at least three different identifiers) then the officer is ordered to arrest, there is no question about it. a little more information would be that it is never a flase arrest if the officer has a warrant from a judge. charges may be dismissed at a later time and so forth but the officer never did anything wrong since he was ordered by a judge to do it, and in most states (i know in Oklahoma) Judges are pretty much untouchable in a civil case.

our warrants here state

to any police officer, sheriff's deputy, highway patrolman or any other law enforcement officer you are here by commanded to take ____________ in to custody and hold them until the next available court date to be seen by a judge of this court.

any way i know this isn't 100% on this topic but I thought I would share in an area I know well of.(not because I am a criminal/ I am on the other side of the fence.......)

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A couple of weeks ago my mom called me to tell me that the police were out at her house trying to serve a warrant for my arrest. I was not there since I've lived in VA for 8 years and my mother lives in AZ so she got a phone number and address from them and she gave me the message. I had no idea what this is all about so I write to the address provided asking for information. Today I get a response and it's for 4 bad checks. When I was 18, 15 years ago, I wrote a bad check and had to go to court. I pleaded guilty and was ordered to go into the "bad check program" where I had to pay a fee of $200 bucks in installments. Well, I ended up not paying all of the installments. This was in 1992 and I remaind in Arizona until 2000 and never heard a word about it. I had been pulled over in that time and there were never any issues with it. Well, the other 3 checks that they are trying to stick me with are from my father, whom has the same name, and has passed away about years ago (2000). I know I owe the fine for the one check that I never paid all the fee's for but I'm wondering how in the heck they can issue a warrant without ever prosecuting me. Is it possible that the warrant serves the purpose to start the prosecution process, which is what I'm hoping. I do not want to find out that they have already convicted me with due process. My final question is, is there a SOL for prosecuting something like this and is it possible that the SOL is tolled since I moved away?

BigJohn, sorry to hear about your delima bro, hopefully things will get straightend out for you. The issue regarding the mistaken identity with you and your Dad can be fixed. I'm wondering how in the heck they can issue a warrant without ever prosecuting me. The warrant was probabley issued for failure to complete the program and pay restituion to avoid criminal prosecution. Is it possible that the warrant serves the purpose to start the prosecution process, which is what I'm hoping. Yes, without knowing the paticulars of your case it appears you violated some sort order that states failure to complete program or pay will result in warrant for you arrest and criminal prosecution, or the judge may want you bought before him to explain why you failed to pay they cannot convict you of anything until you appear before a judge. You mentioned that you were pulled over 3 times and nothing happened, probabley because the officer didn't run a warrent check on you, if he did it was what we call a local sherrif's warrant and it would have came back clean, if he ran a NCIC check it probablly would have came back as a hit thru AZ, most of these warrant are non-extraditable so you would have not been taken into custody unless AZ classified the warrant as extraditable. My final question is, is there a SOL for prosecuting something like this and is it possible that the SOL is tolled since I moved away You have to check AZ laws, I know here in Maryland those things can stay in the system forever, I use to pull people over all of thim and get hit on old warrants from 10, 15 even 20 years ago for all kinds of things from traffic stuff to murder(which of course stays forever).

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