If someone is arrestedon a warrant for a 23 year oldincident, if there is no longer any background documentation will the charges be dropped?

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If someone is arrestedon a warrant for a 23 year oldincident, if there is no longer any background documentation will the charges be dropped?

There is no computer file and the paper file cannot be found.

Asked on July 25, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the warrant is twenty-three years old when the person was arrested for it, there could be issues as to evidence supporting the warrant, including but not limited to documentation and witnesses being available for prosecution for the charges that the warrant arises out of. One issue behind your question is really what evidence is there to prove the basis for the arrest warrant?

The whole issue behind your question is really what was the arrest warrant issued for? For example, the issued warrant could be for something as simple as not appearing in court where the person arrested has already made an appearance, or a warrant for that person's arrest where that person has not even made a first appearance for charges filed against him or her.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the warrant is twenty-three years old when the person was arrested for it, there could be issues as to evidence supporting the warrant, including but not limited to documentation and witnesses being available for prosecution for the charges that the warrant arises out of. One issue behind your question is really what evidence is there to prove the basis for the arrest warrant?

The whole issue behind your question is really what was the arrest warrant issued for? For example, the issued warrant could be for something as simple as not appearing in court where the person arrested has already made an appearance, or a warrant for that person's arrest where that person has not even made a first appearance for charges filed against him or her.


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