One of my relatives was contacted by police looking for me to give me a ticket for battery. I'm not sure how this is even possible because it's for a city I don't live in and I've never been in a situation that could cause battery charges. Anyway, I'm living with a friend at the moment so I don't have a residence in my name and my car is registered to my old address. What happens if the police never find me to give me the ticket? Will they try to mail it? I'm not planning on going back to the city it was issued in so I'm not sure how they would serve me with the ticket. Is there a statute of limitations on this?
Let me get this straight.
The police are looking to pinch you for battery. Your story is that you have no clue about this. So your position is, essentially, that YOU were plucked right out of the blue for absolutely no reason.
Is that correct?
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
If they cannot find you the DA can file charges and obtain a warrant for your arrest. Once that happens the statute of limitations doesn't matter because the charges have been filed.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
If the police are unable to locate you, the DA's office may file criminal charges and an arrest warrant issued. Don't ignore the issue. If you were not involved as stated, there is no reason not to confront the issue. SOL will not apply if they file charges within the allowed time. You might want to consider consulting with a local criminal attorney for advice.
You really have two options. 1. Do nothing and hope this goes away on its own. 2. Contact the authorities (hopefully through a lawyer) and deal with whatever comes. Option 1 is, with all due respect, the stupid way to go. I say this because, as Mr. Foote suggested, the police will probably obtain a warrant, because battery is not a victimless crime, and because they have already gone to the trouble of contacting your relatives. So if you do nothing, this is basically a time bomb waiting to go off. Option 2 is what smart, proactive, sophisticated people do when it is necessary to deal with a problem like this. If you're innocent, you still have to deal with the issue that the police want to charge you with a crime.
The choice is yours. But I think you can see what my advice is. Good luck to you.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
Talk to a local lawyer. Post bond and deal with issue now rather than later.
This response is only a basic answer to your question and is not intended to be legal advise. It is your job to hire an attorney and to discuss the specifics of this question with him or her. I am not giving you specific legal advise and there is no attorney-client relationship created by my answer to your question. The choice of an attorney is an important decision that you must make and that choice should not be made upon adverting alone.
First: contact a lawyer in the jurisdiction where the ticket is issued. Is it in city court or state court. Is it a misdemeanor or felony (probably a misdemeanor)? Can the district or county attorney turn it into a felony charge?
It is extremely rare for a county or district attorney to extradite for a misdemeanor
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