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Is there a statute of limitations for a Code Section : 19.2-306 Case Type : Capias Class : U In Virginia?

Fredericksburg, VA |

I live in Texas but the warrant is in virginia

Attorney Answers 3


Yes, there is a statute of limitations limiting the amount of time for bringing the charge in the first place, that being "within one year after the expiration of the period of probation or the period of suspension." However, if the charge was brought and service was attempted within that time-frame, the charge remains valid and can sit for as long as it takes to bring the person before the court.

What this means is that you cannot escape indefinitely a hearing on the matter if the charge was timely filed. As an officer of the Court, I recommend you come back and face the charge. Retain a competent attorney in the area in which the charge arises and hopefully you can put the matter behind you.

The information provided herein is intended solely for educational purposes and does not create an attorney-client relationship. Please contact a local attorney for assistance with your matter.

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Yes there is a statue of limitations for this case in Virginia. Mr. Jacobson gave you the perfect answer.

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There is no statute of limitations on an arrest warrant. Once it has been issued, it will remain in effect indefinitely. You can't run out the clock on the capias; a statute of limitations only applies to how long they have to charge you, not arrest you. Good luck.

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James Garrett
Garrett Law Group, PLC
(757) 422-4646 - 24 hour Service

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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