I recently found out during a routine background check for a job that I had a 16 year old pending case for a bounced check as well as a bench warrant listed as active. According to Code 500.050 if I understand it correctly this has passed the statute of limitations. If I am correct, how do I go about getting this removed from my record and the warrant cancelled?
Personal Injury Lawyer
You should contact a local criminal attorney for assistance - it might not cost as much as you think. You can locate one on AVVO under the tab "Find Lawyers". Many offer free consultations.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Criminal Defense Attorney
You need to hire a criminal defense attorney ASAP to locate the case, redocket it, make a motion to recall the bench warrant and resolve the case . If the prosecution was initated within the statute of limitations for a misdemeanor, the statute has not expired due to a bench warrant being issued in a timely manner (if it was). Legal counsel will examine the charging instrument to see if it was issued/commemnced after the statute expired. You need a lawyer. www.kacdl.net
The governing statute is:
Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 500. GENERAL PROVISIONS
Current through 2013 Ky. Acts ch. 9
§ 500.050. Time limitations
(1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time.
(2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.
(3) For a misdemeanor offense under KRS Chapter 510 when the victim is under the age of eighteen (18) at the time of the offense, the prosecution of the offense shall be commenced within five (5) years after the victim attains the age of eighteen (18) years.
(4) For purposes of this section, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated.
Cite as KRS 500.050
History. Effective: July 15, 2008
Amended 2008, Ky. Acts ch. 72, sec. 6, effective July 15, 2008. -- Amended 2000, Ky. Acts ch. 401, sec. 5, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 448, sec. 2, effective July 13, 1990. -- Created 1974 Ky. Acts ch. 406, sec. 5, effective January 1, 1975.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..