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  1. #1
    Super Moderator no1mad's Avatar
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    Do bench warrants expire?

    I'm hoping the Foo-wiki can answer this.

    An arrest warrant was issued to someone roughly a decade ago in another state.

    And no, it ain't me.
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    Ride what and in what manner pleases you. Those that mind don't matter, and those that matter don't mind. srsly.
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  2. #2
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    It's Oklahoma.
    If you don't see a posse following you it's all clear.
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  3. #3
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  4. #4
    Senior Member Shimagnolo's Avatar
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    Quote Originally Posted by spry View Post
    It's Oklahoma.
    If you don't see a posse following you it's all clear.
    But if you *do* see a posse, and it includes Joe LeFores and Lord Baltimore, it's time to head to Bolivia.

  5. #5
    Super Moderator no1mad's Avatar
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    Quote Originally Posted by spry View Post
    Um, the person that I'm referring to is not high profile enough.
    Quote Originally Posted by Cyril View Post
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  6. #6
    Quirky Grifter LesterOfPuppets's Avatar
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    eHow sez:

    Time Frame
    Generally speaking, an arrest warrant does not expire. Once it is issued by the court -- by a judge or magistrate -- it remains in full force and effect unless and until a person is arrested. It is possible for a warrant to be "recalled" in some circumstances. A recall occurs when a judge "takes back" a warrant that has been issued despite the fact that person who is the subject of the warrant has not been arrested. A recall of this nature is most commonly associated with a bench warrant originally issued because a person missed a court date.
    So no expiry. Dunno what would encourage a recall, besides turning yourself in.
    1980ish Free Spirit Sunbird fixed * 1996 Mongoose IBOC Zero-G * 1997 KHS Comp * 1990-ish Scapin * Lemond Buenos Aires Triple

  7. #7
    Super Moderator no1mad's Avatar
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    Quote Originally Posted by LesterOfPuppets View Post
    eHow sez:



    So no expiry. Dunno what would encourage a recall, besides turning yourself in.
    That helps. So, looks like this person will be avoiding the state the warrant was issued in.
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  8. #8
    BF Risk Manager
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    Quote Originally Posted by no1mad View Post
    That helps. So, looks like this person will be avoiding the state the warrant was issued in.
    Except that if he/she is ever pulled over for a traffic infraction, or has another sort of brush with the law, and they run the name through the computer, he/she may well be arrested on the spot based on the out-of-state arrest warrant. They may not be extradited back to the state who issued the warrant, unless that state wants him bad enough, but they may be a guest of the county for a while until it is all figured out.
    Regards, MillCreek
    Snohomish County, Washington USA

  9. #9
    Super Moderator no1mad's Avatar
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    Quote Originally Posted by MillCreek View Post
    Except that if he/she is ever pulled over for a traffic infraction, or has another sort of brush with the law, and they run the name through the computer, he/she may well be arrested on the spot based on the out-of-state arrest warrant. They may not be extradited back to the state who issued the warrant, unless that state wants him bad enough, but they may be a guest of the county for a while until it is all figured out.
    Person has already been pulled over by the local LEO's twice since the warrant was issued- 1)temp tag in a newly acquired Honda Accord wasn't visible through deeply tinted windows at night, and 2) speeding (it was snowing and person was trying to get home before the roads got bad). No citations issued from either occurrence.
    Quote Originally Posted by Cyril View Post
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  10. #10
    moving target c0urt's Avatar
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    also if you end up in the hospital er you can run the risk of getting extradited if they want you bad enough.
    I have a funny story from that one.
    how to tape your bars http://www.flickr.com/photos/89572419@N00/sets/72157629279270681/

  11. #11
    Super Moderator no1mad's Avatar
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    To end the speculation, the warrant is for my wife. She got behind on child support when she took time off to have our daughter. She never received a summons to appear in court; judge issued the order after she failed to appear to explain why she was behind. She now owes less than $60 in arrears.
    Quote Originally Posted by Cyril View Post
    Ride what and in what manner pleases you. Those that mind don't matter, and those that matter don't mind. srsly.
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  12. #12
    My Bad! Makel's Avatar
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    Warrants don't expire, depending what its for your lic will be suspended nationwide due to NRVC compact, you may not be arrested for said warrant outside of the county it is issued in due to limited extradition, but drive on a suspended lic long enough and officers get peeved impound your vehicle and take you to jail on a traffic citation. However, I feel that it shouldn't matter if they expire.
    Last edited by Makel; 01-25-11 at 11:51 PM. Reason: Cuz
    Quote Originally Posted by coasting
    hello kitty is evil. i was thrown out of the shop for trying to take a pic. evil big corporate strong arm tactics. kitty is dead to me.

  13. #13
    My Bad! Makel's Avatar
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    If she was pulled over twice then she knew.
    Quote Originally Posted by coasting
    hello kitty is evil. i was thrown out of the shop for trying to take a pic. evil big corporate strong arm tactics. kitty is dead to me.

  14. #14
    My Bad! Makel's Avatar
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    One last thought. Just call the court clerks office in the county the warrant was issued in. They are reasonable, sometimes just paying the original amount and any fees will take care of it. If she truly didn't know about it, then it is possible that it's not a valid warrant, and has already been taken care of. Ignorng it is a bad idea, sometimes counties or states get a wild hair. I've seen people extradited for less. If it is a valid warrant it is no longer $60.
    Quote Originally Posted by coasting
    hello kitty is evil. i was thrown out of the shop for trying to take a pic. evil big corporate strong arm tactics. kitty is dead to me.

  15. #15
    Senior Member bikebuddha's Avatar
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    Right call the clerks office, or better yet have an attorney friend call the clerks office.
    The few, the proud, the likely insane, Metro-Atlanta bicycle commuters.

  16. #16
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    Have an attorney deal with it. If it really is $60, then this is a small thing that has an outside chance of being a big headache later. Also, did you try to justify speeding in a motor vehicle while it is snowing?

  17. #17
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    Quote Originally Posted by no1mad View Post
    Um, the person that I'm referring to is not high profile enough.
    Still using the "second" person scenerio,I understand and feel your concern?
    That's OK,we can still help ya out but you might remove the state you live in off your avatar.
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  18. #18
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    Quote Originally Posted by c0urt View Post
    also if you end up in the hospital er you can run the risk of getting extradited if they want you bad enough.
    I have a funny story from that one.
    This does not sound like a "ha,ha,ha,"funny story right?
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  19. #19
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    Only in America can a minor traffic infraction snowball into an arrest warrant with potential incarceration in the hooscow.
    It's all about the buckeroo$ folks,cash will set you free
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  20. #20
    GATC
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    Quote Originally Posted by spry View Post
    Only in America can a minor traffic infraction snowball into an arrest warrant with potential incarceration in the hooscow.
    It's all about the buckeroo$ folks,cash will set you free
    Yep

  21. #21
    Quirky Grifter LesterOfPuppets's Avatar
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    Hmmm, I've heard horror stories but I don't think jailtime for minor traffic infractions happens around here. My ex ignored a couple of tickets for minor traffic infractions and a bunch of parking tickets. They never put her in the klink, they just doubled the fines for all of them and garnished her wages.
    1980ish Free Spirit Sunbird fixed * 1996 Mongoose IBOC Zero-G * 1997 KHS Comp * 1990-ish Scapin * Lemond Buenos Aires Triple

  22. #22
    Riding twobadfish's Avatar
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    Quote Originally Posted by MillCreek View Post
    Except that if he/she is ever pulled over for a traffic infraction, or has another sort of brush with the law, and they run the name through the computer, he/she may well be arrested on the spot based on the out-of-state arrest warrant. They may not be extradited back to the state who issued the warrant, unless that state wants him bad enough, but they may be a guest of the county for a while until it is all figured out.
    That isn't true. States check with the issuing authority through dispatch to determine if extradition will occur before making an arrest. And unless it's for multiple misdemeanors or a felony, the most you will hear is "did you know you have a warrant in Michigan?" kind of thing.

    Regarding bench warrants, they will never expire.

  23. #23
    Riding twobadfish's Avatar
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    Quote Originally Posted by LesterOfPuppets View Post
    Hmmm, I've heard horror stories but I don't think jailtime for minor traffic infractions happens around here. My ex ignored a couple of tickets for minor traffic infractions and a bunch of parking tickets. They never put her in the klink, they just doubled the fines for all of them and garnished her wages.
    It's usually up to the officer to serve bench warrants like traffic tickets. If it's a slow day, or a state that requires all warrants to be served, you have really good chances of being taken in.

  24. #24
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    Quote Originally Posted by LesterOfPuppets View Post
    Hmmm, I've heard horror stories but I don't think jailtime for minor traffic infractions happens around here. My ex ignored a couple of tickets for minor traffic infractions and a bunch of parking tickets. They never put her in the klink, they just doubled the fines for all of them and garnished her wages.
    We prefer more drama/intrigue.
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  25. #25
    My Bad! Makel's Avatar
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    It also depends on the totaling amount of said citations, court costs, fees, etc.... Some counties never extradite, no matter what the total is, many do once that total hits $1000. You'd be surpised how quickly a few unpaid arrests add up.
    Quote Originally Posted by coasting
    hello kitty is evil. i was thrown out of the shop for trying to take a pic. evil big corporate strong arm tactics. kitty is dead to me.

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