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What is the statute of limitations for a failure to appear in california?


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Answered 2012-01-25 08:21:27

There is no SOL in such a matter.

Once the alledged offender has missed the court date a warrant is issued.

Warrants do not expire, they remain valid until the named person is taken into custody or voluntarily presents themselves to authorities and the matter is resolved at a preliminary hearing or trial.

However, in California, there is something called a Serna motion. The California Supreme Court ruled in Serna v. Superior Court that even if you failed to show up for your court case and it was your own fault, if they then made no effort to serve the warrant or arrest you within 1 year even though they knew where you live or work (you didn't hide or escape the country), then the whole case (even the one you didn't show up for) should be dismissed for violating the right to a speedy trial.

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