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What are the statute of limitations for an issued warrant while incarcerated?

Artesia, NM |

My husband was arrested on a probation violation 45 days ago they filed to revoke his probation and issued a warrant for his arrest 35 days ago, he is being held on PO hold so he has no bond. How long do they have to serve him the warrant and get him to court?

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Attorney answers 2

Best Answer
Posted

There are speedy trial rights even for probation violation matters. His public defender or private lawyer should be able to address this delay and complain to the court.

Asker

Posted

Is there a chance he could get out because of this?

Stephen D Aarons

Stephen D Aarons

Posted

Possibly. This delay is a bit excessive for a smaller town in the Fifth Judicial District.

Posted

It depends, warrants can stay open for long periods of time. There are people who have open warrants for years. While probationers have procedural due process rights, rights to confrontation etc... their rights are limited and different because they are on a sort of conditional release with limited liberties. He needs an atoorney to analyze the evidence to see if there weer any violations of his rights to due process.