San Jose, CA asked in Criminal Law and DUI / DWI for California

Q: My brother was just taken by bench warrant and sentenced for a felony DWI's from 2004. Isn't there a 3 yr statute of lim

He is currently serving 15 years in Huntsville, TX. prison and on year 13 and they took him and added 4 more years for this felony. What about the statute of limitations?

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1 Lawyer Answer
Alexander Andryuschenko
Alexander Andryuschenko
  • Criminal Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: The statute of limitation stops running at the time bench warrant is issued. If the court did not issue the bench warrant until 2007, the court would lose its jurisdiction over the case and you would have a good argument about the statute of limitation. Check when the case was filed and if it is 3 years after the day of the offense, then you are correct and you brother was convicted in error.

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