How Long Does a Misdemeanor Warrant Stay Active in California?
If you have a warrant issued for your arrest in California, it’s essential to understand how long it will remain active before you take any legal action. A misdemeanor warrant, in particular, can be a stressful and daunting experience, and knowing the answer to this question can help you make informed decisions about your case.
What is a Misdemeanor Warrant?
A misdemeanor warrant is an arrest warrant issued by a California court for a minor offense, typically punishable by a sentence of up to one year in county jail or a fine. Misdemeanor warrants can be issued for a variety of crimes, including DUI, drug possession, vandalism, theft, and traffic offenses.
How Long Does a Misdemeanor Warrant Stay Active in California?
In California, a misdemeanor warrant stays active until the individual appears before a judge, the warrant is withdrawn, or the statute of limitations expires. The length of time a misdemeanor warrant remains active depends on various factors, including the specific circumstances of the case and the type of offense charged.
Warrant Statute of Limitations in California
The California statute of limitations sets a time limit for criminal prosecution, which varies depending on the type of crime. For misdemeanors, the statute of limitations is generally two years from the date of the alleged offense.
- Simple Misdemeanors: For simple misdemeanors, such as petty theft or vandalism, the statute of limitations is one year from the date of the alleged offense.
- Gross Misdemeanors: For gross misdemeanors, such as assault or battery, the statute of limitations is two years from the date of the alleged offense.
How a Misdemeanor Warrant Can be Quashed
A misdemeanor warrant can be quashed (cancelled) in various ways, including:
- Appear Before a Judge: An individual can quash a warrant by appearing before a judge and entering a plea of guilty or not guilty.
- Postponement: A judge can grant a postponement, allowing the individual to return at a later date to answer the warrant.
- Withdrawal of Warrant: The district attorney can withdraw the warrant if they decide not to prosecute the case.
Consequences of Ignoring a Misdemeanor Warrant
Ignoring a misdemeanor warrant can have serious consequences, including:
- Arrest: Law enforcement can arrest you at any time, even years after the warrant was issued.
- Increased Sentence: If you are arrested and charged with the offense, the sentence can be increased due to the original warrant.
- Loss of Freedom: A misdemeanor warrant can prevent you from leaving the state or country, potentially causing significant disruptions to your personal and professional life.
What to Do If You Have a Misdemeanor Warrant in California
If you have a misdemeanor warrant in California, it’s essential to take immediate action to resolve the situation. Here are some steps you can take:
- Contact a Criminal Defense Attorney: A skilled criminal defense attorney can help you understand your options and develop a strategy to resolve the warrant.
- Turn Yourself In: If you’re aware of the warrant, you can turn yourself in to the police or court to avoid potential complications.
- Post a Bond: If you’re unable to turn yourself in, you can post a bond to ensure your release from custody.
- Address the Underlying Charges: If the warrant is related to an outstanding criminal charge, address the underlying charges by appearing in court or negotiating a plea deal.
Table: Summary of Misdemeanor Warrant Facts
| Fact | Description |
|---|---|
| Warrant Statute of Limitations | Two years from the date of the alleged offense |
| Simple Misdemeanors | One year from the date of the alleged offense |
| Gross Misdemeanors | Two years from the date of the alleged offense |
| Ways to Quash a Warrant | Appear before a judge, postponement, or withdrawal of warrant |
| Consequences of Ignoring a Warrant | Arrest, increased sentence, loss of freedom |
In conclusion, a misdemeanor warrant in California can stay active for up to two years from the date of the alleged offense, depending on the specific circumstances of the case. Ignoring a warrant can have serious consequences, and it’s essential to take immediate action to resolve the situation. By understanding the laws and options available, you can effectively manage a misdemeanor warrant and restore your freedom.
