Question about misdemeanor complaint law

Question about misdemeanor complaint law

Posted in the Paducah Forum

john

Paducah, KY

#1 Oct 5, 2012
If someone filed a criminal complaint on a person and it would be a misdemeanor charge, is there a time limit on how long the court has to issue a warrant? My friend wants to know how long until he is out of the woods. Neither of us knows the legal system. He doesn't know how long it would take for a judge to issue a warrant, how long cops have to serve the warrant, etc. He does not do internet, so I said I would try and find out something.

“Living the perfect life,always”

Since: Jun 12

Moscow, Russia

#2 Oct 5, 2012
Best bet would be to call down to the Court Clerk's office and ask, not the County Clerk. It is hard to say. I know that a misdemeanor has a 1 year statue of limitations but I wouldn't think it would be that long on a warrant or a court summons.
i

Paducah, KY

#3 Oct 5, 2012
john wrote:
If someone filed a criminal complaint on a person and it would be a misdemeanor charge, is there a time limit on how long the court has to issue a warrant? My friend wants to know how long until he is out of the woods. Neither of us knows the legal system. He doesn't know how long it would take for a judge to issue a warrant, how long cops have to serve the warrant, etc. He does not do internet, so I said I would try and find out something.
As long as the charge was taken out within a year of the offense. So if someone has been to the courthouse and made the complaint with the county attorney, there is no longer a time limit.
crime

Paducah, KY

#4 Oct 5, 2012
i wrote:
<quoted text>
As long as the charge was taken out within a year of the offense. So if someone has been to the courthouse and made the complaint with the county attorney, there is no longer a time limit.
There is a 1 year statue of limitations on a misdemeanor charge but not on any bench warrants. If a person committed an offense 1 year ago, the statue of limitations is up as of yesterday just not the bench warrant if one is issued but that would mean a person never showed up for court to have a bench warrant issued.
Wow

Wickliffe, KY

#6 Oct 5, 2012
Sorry. Statute. But you are still an idiot!
lil

Paducah, KY

#7 Oct 5, 2012
he's going to get the chair!
i

Paducah, KY

#8 Oct 5, 2012
crime wrote:
<quoted text>There is a 1 year statue of limitations on a misdemeanor charge but not on any bench warrants. If a person committed an offense 1 year ago, the statue of limitations is up as of yesterday just not the bench warrant if one is issued but that would mean a person never showed up for court to have a bench warrant issued.
It doesn't have to be a bench warrant. Any misdemeanor warrant taken out before the year is up.
Trew

Paducah, KY

#9 Oct 5, 2012
lil wrote:
he's going to get the chair!
. Around here...wouldnt doubt it. Unless he has or knows the rite last name, lol.
John

Paducah, KY

#10 Oct 6, 2012
So you all are saying that after a complaint has been filed, there is no time frame for when a warrant has to be issued, nor for when a deputy or other officer of the court has to try and enforce the warrant? Court clerk said just days after the complaint that there is no warrant showing up in the computer, but the county attorney may decided 6 months from now to pull it out of his butt and go after this guy? How long will have have to worry about this hanging over his head if no warrant has been issued?
Hmm

Mayfield, KY

#11 Oct 6, 2012
John wrote:
So you all are saying that after a complaint has been filed, there is no time frame for when a warrant has to be issued, nor for when a deputy or other officer of the court has to try and enforce the warrant? Court clerk said just days after the complaint that there is no warrant showing up in the computer, but the county attorney may decided 6 months from now to pull it out of his butt and go after this guy? How long will have have to worry about this hanging over his head if no warrant has been issued?
.

Just call the county attorney's office and ask them. It probably isn't worth their time to pursue it.

“Living the perfect life,always”

Since: Jun 12

Moscow, Russia

#12 Oct 6, 2012
Hmm wrote:
<quoted text>.
Just call the county attorney's office and ask them. It probably isn't worth their time to pursue it.
Totally agreement on that one or just go down to the county attorney. It could be something that possibly could be handled that day and if the pther party explains the situation could possibly be dismissed by the county attorney or have the bench warrant taken out of the system. I am not sure if that would work but it sure doesn't hurt to try.

“Living the perfect life,always”

Since: Jun 12

Moscow, Russia

#13 Oct 6, 2012
other-
i

United States

#14 Oct 6, 2012
John wrote:
So you all are saying that after a complaint has been filed, there is no time frame for when a warrant has to be issued, nor for when a deputy or other officer of the court has to try and enforce the warrant? Court clerk said just days after the complaint that there is no warrant showing up in the computer, but the county attorney may decided 6 months from now to pull it out of his butt and go after this guy? How long will have have to worry about this hanging over his head if no warrant has been issued?
It takes up to a week to actually have it signed by a judge.

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