Way back in 1997 BB was arrested and charged with Possession with Intent to Deliver over 100 grams of heroin. When he didn’t appear at his scheduled Preliminary Hearing, the sitting Judge issued a No Bail Warrant for his arrest. BB went on with his life and moved with his family to another state.
BB’s sister contacted us several months ago for advice on how to clear the old warrant. We ordered the old file and began our investigation. It turned out that after BB hadn’t appeared and a warrant was issued, the State Prosecutors lost track of his case. Ordinarily, they would have sought an Indictment for such a serious offense. However, due to the fact that they didn’t Indict, the Statute of Limitations had continued to run.
We Motioned the case up and demanded that the original Warrant be Quashed and recalled. The State agreed with our argument that the Statute of Limitations (5 Years) was running and that the legal time in which to bring an Indictment had elapsed. They made a Motion to Dismiss the case which was granted. We then asked the judge to Quash and Recall the warrant. He granted our Motion as well, and BB walked out to his waiting family and continued on with his life.
