Can I still be arrested and convicted for a warrant I have that’s outstanding that’s several years old? Hi, I’m Oklahoma City Attorney Aaron Easton and that’s the question we have for us today. So there is a chance that if you have a probable cause affidavit out or a warrant out for your arrest and there’s been a time lapse in between when that’s been issued and where we are today and perhaps you didn’t know about it and you just found out about it, there’s a chance that you can motion to court to dismiss the case completely.
And the reason that is, is derived from the 6th Amendment to the U.S. Constitution, which applies to the states under the 14th Amendment, and that’s the right to a speedy and public trial. So if you find yourself in this situation, you may be able to motion to court to dismiss the charges against you for want of a speedy trial and the court looks at four factors when determining if your case is one that they will dismiss.
The Four Factors Considered by the Court
The first factor they’ll look at is the length of the delay, how long has it been since this warrant or PC affidavit has been issued against you. The second is the reason for the delay. Now this is kind of an important one, if the delay is because you’ve been making affirmative efforts to avoid it, hiding out, being out of state, things of that nature, that would go against you, whereas if you’ve been sitting in the comfort of your home for these last few years and the state’s done nothing at all to find you, to track you down, to bring this case to the court, then that would be in your favor.
The third is when you assert the right, your motion to dismiss for want of speedy trial. And then the fourth is the prejudice to the defendant, to you, for not dismissing the case. So those are the four factors the court will look at. If the court decides that you’re a candidate to have your case dismissed on a motion to dismiss for want of speedy trial, then your case can be dismissed with prejudice, meaning the state of Oklahoma cannot charge you again with that crime. They can’t start a new action on that crime.
Seeking Legal Consultation and a Free Case Evaluation
This is actually something we get quite often in our firm, and we have had, just in the last month, at least two of my clients have successfully walked out of court on felony charges that were dismissed for want of a speedy trial. If you think you might be in this situation, it’s important to speak to an attorney for consultation privately and confidentially. You can speak to somebody at my firm for a free consultation to see if you might be a candidate to have your case dismissed for want of speedy trial.
Take Action Now to Protect Your Rights
If you believe you have an outstanding warrant that is several years old, don’t wait until it’s too late. Contact our firm today to discuss your case and explore your options for having the charges dismissed. Our experienced attorneys are here to fight for your rights and provide you with the guidance you need. Schedule your free consultation now to take the first step towards resolving your legal situation.