Can my husband be charged with domestic violence misdemeanor 5 years after occurrence? 20 Answers as of May 21, 2013

My husband was arrested the other night on a five year old warrant from a dispute we had five years ago in which, through anger, I decided to file a police report. He is now having to go to court for the charges in the next few weeks and I am wondering if we should consider contacting a lawyer. We’ve been together the past five years, had three children and never had any issues. He has no prior crimes, not even a ticket. Will they charge him after all this time?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
If it is filed as a misdemeanor and the date is five years ago, there is a "Serna" question here. Essentially, a misdemeanor has to be filed and pursued within a year. Even if it was filed 5 years ago, the State has a duty to pursue the case within a year. Yes, hire a lawyer or get a public defender.
Answer Applies to: California
Replied: 10/23/2012
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
The statute of limitations should have run on this offense and your husband can avoid prosecution so long as he has not been out of the state for a significant period of time. It would be wise to have your husband represented by an attorney so that this goes the way you two want it to go.
Answer Applies to: Hawaii
Replied: 10/23/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
An attorney may be able to assist with a statute of limitations motion, or a marital privilege motion.
Answer Applies to: Georgia
Replied: 10/23/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
There is a five year statute of limitations on most crimes in New York. Your lawyer may be able to have the case dismissed unless he absconded, and in most cases they will still dismiss it even if he did not appear in court.
Answer Applies to: New York
Replied: 10/23/2012
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No.
Answer Applies to: Tennessee
Replied: 5/21/2013
    Universal Law Group, Inc. | Francis John Cowhig
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What was the basis for the warrant? Where charges filed by the D.A. and when? Was he notified by the court and/or police department that a warrant had been issued? These are just a few of the questions that need to be answered before any accurate information can be given you. He may also have a defense that his right to a speedy trial was violated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's case. He/she would then be in a better position to analyze his case and advise you of his options.
    Answer Applies to: California
    Replied: 10/19/2012
    Hamblin Law Office | Sally Hamblin
    Yes because he was charged and apparently did not attend court due to the warrant. Does not matter the length of time in this case. Retaining an attorney will help your case.
    Answer Applies to: Michigan
    Replied: 10/19/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Hire the lawyer, the charges were filed within the proper statutory period, it just so happens that the warrant was outstanding for a long time. I would suggest the lawyer, who can emphasize to the prosecutor and court that this fellow has done well, and this should be taken into consideration when a resolution of the case is determined. He certainly, if having a clean background, is not facing jail time, but if a first offender, could have a record as a result of this, that cannot be expunged. For that reason, your lawyer should be able to get a disposition that will not cause irreparable harm to the guy.
    Answer Applies to: Illinois
    Replied: 10/19/2012
    Burton Guidry
    Burton Guidry | Burton P. Guidry
    Yes get a lawyer who can draw up an affidavit from you requesting that the charges be dismissed. Since it is a domestic abuse issue, it may not be easy to convince the DA to drop the case, and you may be forced to testify. Get a lawyer right away.
    Answer Applies to: Louisiana
    Replied: 10/19/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    It appears they have charged him and the warrant has been outstanding for some time. You should contact an attorney to assist you in this matter.
    Answer Applies to: Michigan
    Replied: 10/19/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes, the warrant was active and he will need to face the charges. If he had no other DV offenses, he may not have to serve any time or have significant sentencing requirements.
    Answer Applies to: Washington
    Replied: 10/19/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You should definitely hire an attorney.
    Answer Applies to: Florida
    Replied: 10/19/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course he can, because he was out on warrant. In other words, even if this is 50 years later he can still be charged. And yes of course he needs to hire a lawyer, otherwise he will lose his gun rights for life and be forced to attend a 52-week DV class that is ridiculously expensive, not to mention have a criminal record.
    Answer Applies to: California
    Replied: 10/19/2012
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    yes, you should retain an attorney to protect your spouse's record.
    Answer Applies to: Michigan
    Replied: 10/19/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes because of the warrant, the Statute of Limitations was tolled.
    Answer Applies to: Washington
    Replied: 10/19/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get an attorney, yes he can be charged , it is the Prosecutor's decision.
    Answer Applies to: Michigan
    Replied: 10/19/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes get a lawyer.
    Answer Applies to: Michigan
    Replied: 10/19/2012
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney