How Long Can a Misdemeanor Warrant Last?
A misdemeanor warrant is an order issued by a court that authorizes a law enforcement officer to arrest an individual who is alleged to have committed a minor offense. The term "misdemeanor" refers to a type of crime that is considered less severe than a felony but more severe than a trivial offense or infraction.
The Duration of a Misdemeanor Warrant
The duration of a misdemeanor warrant can vary greatly depending on the state, county, or court issuing the warrant. Here are some general guidelines on how long a misdemeanor warrant can last:
- Default Judgment Warrant: In many states, if an individual fails to appear in court to answer a citation or to respond to a traffic violation, a warrant for their arrest may be issued. In this case, the warrant can last until the individual is either apprehended and brought back before the court or a sufficient time has passed since the initial failure to appear. In some states, default judgments can be obtained at the conclusion of a waiting period (e.g., 1 year to 2 years).
- Expired Warrant: If an individual successfully evades or evicts the warrant and a subsequent warrant is issued for a new offense, the earlier warrant may lapse and be considered expired.
- Active Warrant: Many states have time limits on how long an active misdemeanor warrant can remain valid before it expires or becomes "stale" (a term used by courts and law enforcement to describe warrants that have remained unexecuted for a lengthy period). For example, a warrant in a Maryland case might lapse after 4 years or 6 years.
- Statute of Limitations: Another key consideration is the statute of limitations, which is the maximum period that a prosecutor may have to file charges based on the alleged offense. The length of the statute of limitations varies by jurisdiction, with some states imposing relatively short or lengthy deadlines (e.g., 5 years or 10 years).
- Warrant Extends Beyond Statute of Limitations: In certain jurisdictions, a warrant might not lapse even if the statute of limitations has passed.
Here are a few scenarios highlighting how long a misdemeanor warrant can last:
Table 1: How Long Can a Misdemeanor Warrant Last in Some States?
| State | Type of Warrant | Duration of Warrant |
|---|---|---|
| California | Misdemeanor Warrant for DUI | 4 years or 6 years, or until the court case is resolved |
| Maryland | Misdemeanor Warrant for shoplifting | 4 years or 6 years from the original warrant date, unless renewed |
| Arizona | Misdemeanor Warrant for disorderly conduct | 2 years, then the warrant will automatically be dismissed |
What to Do When You Received a Misdemeanor Warrant
If you are faced with a misdemeanor warrant, the following steps should be taken:
- Check if the warrant has an active status: The local courthouse or law enforcement agency should be able to verify if the warrant remains active. If it does, seek legal advice as soon as possible.
- Fulfill the obligations as instructed: If a bail is set, follow the terms of the warrant, post bail, or schedule an appearance before a court or judge.
- Surrender willingly: When apprehended or facing legal consequences, present your story and any extenuating circumstances to minimize punishment.
Penalties for a Misdemeanor Warrant Violation
Penalties for misdemeanor warrant violations vary by state, county, or judge but might include:
• Time in jail: Imprisonment up to 1 year or 90 days with hard labor for an unspecified number of hours.
• Fine and costs: Civil penalty payable to the jurisdiction with applicable court fees, probationary fees, or any court-ordered reimbursements (e.g., witness expenses).
• Proximity to the location: Incarceration nearby (at the discretion of the jail or court authority).
Please note that local policies might dictate the following adjustments for multiple arrests under multiple misdemeanor warrants:
• Time addition: Additional charges of confinement or fines assessed against individual warrants.
• New charges: Further counts against the individual when faced with multiple warrants
It’s essential to work closely with legal counsel in case a misdemeanor warrant was issued due to a court or agency error, mistake in charging the violation, or unjust accusations.
Conclusion
Understanding the duration and limitations of a misdemeanor warrant can have a significant impact on individual circumstances. Being informed and proactive in resolving warrants expeditiously reduces stress and minimizes risks for a more favorable legal outcome.
Key Points
• Time limits for warrants may apply, depending on jurisdiction (e.g., expired warrant, default judgment warrant, and stale warrant).
• Statutes of limitations impact the length of a prosecution, but warrant may persist beyond the legal limit.
• Penalties for non-compliance involve a risk of imprisonment and fine (amounts differ across regions).
• Cooperating and seeking legal help significantly mitigate the consequences.
