South Rockwood, MI asked in Criminal Law, Personal Injury and Legal Malpractice for New York

Q: Ohio holding for New York, 10 year warrant 3 year Statute of Limitations in New York they're not coming what do I do?

How do I bring my fieance home? I live in Franklin County in Columbus Ohio my fiance was arrested here for a traffic ticket which turned out to be a hold and it cause him not to be let go and the claimed they were holding him for New York for a warrant BUT New York's Statute of Limitations on this level felony and crime is 3 years the warrant and "crime" was 10 years ago... He was arrested for having 40 in drugs on him and then dealing it to a cop... was then sent to a drug rehab facility because it was also his drug of choice vs the 2 year decided sentence and unfortunately while in the program ended up hospitalized from prior injury he hasn't been in trouble for 10 years over this issue...

1 Lawyer Answer
Joshua Bannister
Joshua Bannister
  • Criminal Law Lawyer
  • Licensed in New York

A: It sounds like he has a bench warrant. The statute of limitations was satisfied when the officer filed charges with the court. Speedy trial timelines are tolled for the time the defendant absents himself from the court proceedings. Bench warrants don't go away until the defendant appears on the warrant or the court is served with a death certificate.

New York may or may not pick him on the warrant. If they don't, he will continue to risk being detained every time he has police contact until he appears.

Now would be a good time to retain counsel to mitigate the damage on this one.

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