Skip to main content

1998 MISDEMEANOR BAD CHECK CHARGE WOULD WARRANT STILL BE VALID

Fort Wayne, IN |

WROTE CHECK FORGOT ABOUT IT AND AFTER 15 YRS MISDEAMEANOR WARRANT STILL THERE!

Attorney Answers 2

Posted

Criminal arrest warrants NEVER expire. If one is hanging out there, you need to arrange to surrender yourself, (preferably, through counsel) or you can be arrested at any time.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Mark as helpful

Posted

I agree with Atty Candiano, you should with the assistance of counsel surrender if youy believe there is a valid outstanding warrant for your arrest. Pursuant to Indiana law (below) a misdemeanor warrant expires in 180 days but it can be renewed, which officers frequently request the Prosecutor to do. Don't take a chance, have an attorney check for you if you are fearful of doing so.

IC 35-33-2-4
Expiration; reissuance
Sec. 4. A warrant of arrest for a misdemeanor expires one hundred eighty (180) days after it is issued. A warrant of arrest for a felony and a rearrest warrant for any offense do not expire. A sheriff who has an expired warrant shall make a return on the warrant stating that it has expired and shall return it to the clerk of the court that issued it. The clerk shall enter the fact that the warrant has expired in his records and shall notify the prosecuting attorney of the county that the warrant has expired. Upon request of the prosecuting attorney, the court shall issue another warrant.
As added by Acts 1981, P.L.298, SEC.2.

Mark as helpful

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics