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I plead guilty for a weapon charge and then i never went back to court to avoid jail there a statute of limitation

Buffalo, NY |

ive been gone for 4 years

Attorney Answers 6

  1. There is no statute of limitations and there is likely a bench warrant for your arrest. You face an enhanced sentence.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. No. The matter is still active. It is possible you will be facing more jail time.

    This answer is only for informational purposes and is not meant as legal advice.

  3. There Court most likely issues a Bench Warrant for your rest. You should hire an attorney and discuss surrendering. There is no statute of limitation.

  4. No, there is not a statute of limitations on an open criminal case. Because you failed to appear in court it is very likely the judge issued a warrant for your arrest.

  5. There is no way for you to 'wait this one out'. The matter is still active, and a warrant issued for your non-appearance can come back to bite you anytime. For example, a routine traffic stop, a trip through an airport as you're getting ready for a family vacation, etc.

  6. Not only is there no statute of limitation, the judge is no longer obligated to give you the promised sentence. They can give you the maximum sentence to the top charge you pleaded guilty to and if you are brought back against your will, I wouldn't be surprised to see that happen. In addition, you potentially face additional indictment on Bail Jumping charges (even if bail was zero) and up to 4 years jail its sentence could be ran consecutive to your gun charge sentence.

    215.56 Bail jumping in the second degree.
    A person is guilty of bail jumping in the second degree when by court
    order he has been released from custody or allowed to remain at liberty,
    either upon bail or upon his own recognizance, upon condition that he
    will subsequently appear personally in connection with a charge against
    him of committing a felony, and when he does not appear personally on
    the required date or voluntarily within thirty days thereafter.
    Bail jumping in the second degree is a class E felony.

    I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.

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