Can a 19-Year-Old 5th Degree Non-Expeditable Felony Warrant be Dropped in the Interest of Justice?

Question from Oh me, Can a 19-Year-Old 5th Degree Non-Expeditable Felony Warrant be Dropped in the Interest of Justice?

Answer from AI:

The possibility of having an old warrant dropped can depend on a variety of factors, including the nature of the crime, the jurisdiction, and the individual’s behavior since the warrant was issued. In your case, you’re dealing with a 5th degree non-expediable felony warrant for drug possession in Minnesota that’s 19 years old.

Understanding Warrants and Statutes of Limitations

Firstly, it’s important to understand that a warrant is a legal document issued by a judge or magistrate, usually after a police officer has submitted a sworn statement that a crime has been committed. Warrants typically do not expire and are not subject to a statute of limitations. This means that, in general, a warrant will remain active until it is served (the person is arrested), the individual dies, or the judge recalls the warrant.

Interest of Justice

The “interest of justice” is a broad legal concept that courts use to make decisions that promote fairness and equity. In some cases, a court may decide to dismiss a case in the interest of justice, especially if the person has demonstrated good behavior for a significant period of time, or if the prosecution of the case would result in undue hardship or injustice. However, this is highly discretionary and depends on the specific circumstances of each case.

Steps to Address an Outstanding Warrant

If you have an outstanding warrant, it’s generally recommended to take the following steps:

1. Consult with a lawyer: A legal professional can provide advice tailored to your specific situation and help you understand your options.
2. Turn yourself in: This can demonstrate to the court that you’re taking responsibility for your actions. However, you should not do this without first consulting with a lawyer.
3. Request a hearing: Your lawyer can request a hearing to argue that the warrant should be recalled or that the charges should be dismissed in the interest of justice.

Consult with a Legal Professional

Given the complexity of these issues and the potential consequences of having an outstanding warrant, it’s strongly recommended that you consult with a legal professional. They can provide personalized advice based on the specifics of your case and the laws of the relevant jurisdiction.

Please note that this information is intended to provide a general understanding of the law and should not be construed as legal advice. For personalized advice, consult with a legal professional.

For more information on Minnesota’s laws regarding drug possession, you can visit the Minnesota Office of the Revisor of Statutes.