Is there a statute of limitations if I had a reckless driving charge 20 years ago that I never took care of?
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Is there a statute of limitations if I had a reckless driving charge 20 years ago that I never took care of?
I paid restitution and completed about half of the required community service hours before moving out of the state. Now, I just tried to get a new state license and they said I have a problem that I have to clear up first. What am I facing? I had forgotten all about it. Isn’t there a statute of limitations?
Asked on October 9, 2015 under Criminal Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The statute of limitations refers to the time in which the state has to file charges against a suspect. If it waits too long, then it is barred from pursing legal action. That having been said, once charges are filed and a conviction is obtained, the statute of limitations does not apply.
Further, once you failed to complete your probation community service, a warrant for your arrest would have been issued. And warrants do not expire. This means that it is still active and must be cleared up. While you will most likely not be extradited for something like this, if you are stopped for even a speeding ticket you can still be taken into custody although you will most liklely later be released. Also, this warrant will turn can turn up in an employment background check or, as here, when trying to obtain a license.
At this point, you need to consult with a criminal law attorney in the locality in which the warrant as issued. After hearing all of the details of your case, they can best advise you further
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