No--if you were arrested within 5 years, the statute was met. If your case is in warrant status, the 5 years is not an issue.
It needs to be cleared up.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Once you were arrested the statute of limitations was met and is no longer an issue.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
If the original charge had not expired under the S/L and you were then charged with the escalated crime, and the latter still within the 5 years, then there is no S/L defense. If there was a warrant issued at any point during the time line within the S/L, the clock stops and you can be prosecuted once apprehended.
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