The statute of limitations apply before charges are filed. Since you missed your arraignment, you have been a fugitive since 2003. The only reason it might be dropped is due to unavailability of witnesses or evidence, but you will have to fight it out to get to that point.

Answer Applies to: California
Replied: 8/17/2011

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If the prosecution filed the case within a year then that stopped the statue of limitations from running out. Your attorney could file for dismissal on the grounds of failure to prosecute if the facts support that.

Answer Applies to: California
Replied: 8/17/2011

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The Statute does not apply to a case where you failed to appear, however the case may have been seriously weakened by the passage of time. You should consout with a good lawyer who can explain your options and effectively deal with the D.A. If you are in the San Jose vicinity you can come to our office for a free consultation. Call us at 408 2921564

Answer Applies to: California
Replied: 8/17/2011

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Yes, there is a chance the case could be dismissed. It depends upon a variety of factors and I'm not going to teach classes in Criminal Law and Criminal Procedure right here. You need to seek a free (preferably live) initial consultation with an experienced DUI/Criminal Defense Attorney in your area. One who handles your case personally and knows the law. There are possible motions to run (Speedy Trial). If they filed within a year, and then the case went to warrant after Arraignment due to your failure to appear (through no fault of your own), it is still possible to file a Motion to Dismiss. It depends upon a few factors. If you were hiding under a rock in Timbuktu after your release from custody, and only recently made the scene that is not a good defense. If you did not know of the Arraignment and were living openly and notoriously at the same address for nine years after your Arraignment and law enforcement never once thought to serve the warrant, and things only recently came to your attention during a routine traffic infraction stop, or for whatever reason (you did not say why your "arraignment has been rescheduled"), that might be a good defense. A Court should probably dismiss the case if those are the circumstances, but do not count on equity from most courts. Still, it could happen with an ethical and independent Judge.

Answer Applies to: California
Replied: 8/16/2011

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Once a warrant was issued on your DUI case that means that the statute of limitations no longer applies. This means your DUI case will not be dismissed on these grounds. However, with so much time having passed there is a reasonable chance that the witnesses the DA needs to convict you may no longer be around to testify against you.

Answer Applies to: California
Replied: 8/16/2011

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That's not generally how it works; the court doesn't want people to get rewarded for ignoring a charge for ten years! The case will probably simply resume where it left off. That said, I would think you might have a great advantage with the age of the evidence - a blood sample would probably no longer be viable, maybe the officer is no longer available to testify, etc. A good defense attorney should be able to find many loop holes for a case that old. Good luck.

Answer Applies to: California
Replied: 8/16/2011

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Yes, but you will need an attorney to file a "Serna" motion on your behalf.

Answer Applies to: California
Replied: 8/16/2011

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Dropped? Not given your description of the facts. However, the case might be plea bargained to something acceptable to you, given the long time you apparently have been clean without arrest or new charges. Once you are arrested and charges are brought, if you miss a court date, a warrant is issued. That warrant is forever. To handle a warrant, you must turn yourself into the court issuing the warrant, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the Failure to appear charge, negotiate bail and negotiate any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it. As this is a misdemeanor, an attorney can appear in court without the defendant being present.

Answer Applies to: California
Replied: 8/16/2011

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The statute of limitations defines when a case should be filed against you; if it was and then your failed to appear, the statute does not run while you run from the charges. There are devices to get things like that dismissed, if your attorney knows what he is doing, but the statute of limitations is not the way.

Answer Applies to: California
Replied: 8/16/2011

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The statute of limitations only has to do with how long the DA has to file charges. Assuming they filed within one year of the incident, they met the statute of limitations. Having said that, they must also make efforts to get you into court. If a warrant was issued years ago, but they made no attempts to serve it and you were easily findable (living in the same place, registering your cars, updating your address with the DMV, had traffic tickets without this warrant popping up, etc.), then your attorney should be looking into a motion to dismiss the case - a Serna motion. Your attorney will know all about this or at least they should.

Answer Applies to: California
Replied: 8/16/2011

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The DA has satisfied the statute of limitations because charges were filed. The DA must file charges within one year of the violation date. This doesn't mean that they have to resolve the case in that amount of time. I highly doubt they would drop the DUI charge simply because you were in custody. In all likelihood, there is a warrant for your failure to appear and you'll be released on bail. You should handle this matter immediately.

Answer Applies to: California
Replied: 8/16/2011

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The issue is not the statute of limitations, but speedy trial and due process of law. Statute of limitations means that the compaint must be filed in a misdemeanor within 1 year of the incident. That probably happened but of course you can check the dates on the court file. Your other issue is a case called "Serna", which holds that unnecessary delays that take longer than the statute of limitations can result in a case getting dismissed for failure by the DA to prosecute. You really should see a lawyer about this, if you are now charged with the DUI.

Answer Applies to: California
Replied: 8/16/2011

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There isn't a statute of limitations issue if they filed the charges within a year of the arrest (assuming it is misdemeanor DUI). You may have what is called a "due process" issue with the fact they did nothing to attempt to prosecute you in 8 years. However, judges will look at whether you absconded and hid out in another state, versus someone who was in the same county and had a drivers license at the same address and they did nothing to find you, which is good for you. If this is found to violate your due process rights to a fair trial, then you can get the case dismissed. I wouldn't expect the DA to simply dismiss it though, unless they've lost witnesses and evidence in the meantime.

Answer Applies to: California
Replied: 8/16/2011

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