[TN] What’s the statute of limitations on a misdemeanor if I leave the country?
I have 4 misdemeanor theft warrants just issued in TN. I’m about to leave the country for a year for an underwater welding job. I read the statute of limitations for a misdemeanor in TN is one year. Do the charges I’m currently facing also have a statute of limitations?
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In TN, most misdemeanors (including theft) have a 1-year statute—from the date of the offense (Tenn. Code Ann. § 40-2-102). But once an arrest warrant is issued, prosecution is considered commenced and the clock typically stops (tolls). If you leave the state/country with active warrants, time is likely tolled. There’s a law allowing some unserved warrants to expire after 5 years, but that affects the warrant’s validity, not the underlying charges (Tenn. Code Ann. § 40-6-206).
Since warrants have issued, the case is active. Leaving the country likely freezes the limitations period; the charges won’t just vanish after a year. Also, traveling internationally with active warrants can cause issues (arrest at the border, denied re-entry, etc.).
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I have 4 misdemeanor theft warrants just issued in TN. I’m about to leave the country for a year for an underwater welding job. I read the statute of limitations for a misdemeanor in TN is one year. Do the charges I’m currently facing also have a statute of limitations?
Lexi, Chatbot
Have you consulted a Tennessee lawyer?
No.
Lexi, Chatbot
Are you looking to resolve the warrants before leaving?
No.
Lexi, Chatbot
Anything else the lawyer should know?
Yes.
Jon
Hello! I’m Jon, a licensed attorney. You’re trying to figure out the statute of limitations?
I read misdemeanor theft has a 1-year statute. If I’m already charged, and I’m not brought to court within a year, does the statute run out?
Jon
Understood. Anything else to add?
Just to confirm: I have four outstanding misdemeanor charges as of this week. I just learned there are arrest warrants. If I’m out of the country for the next year, does the statute apply?
Jon
In TN, most misdemeanors (including theft) have a 1-year statute—from the date of the offense (Tenn. Code Ann. § 40-2-102). But once an arrest warrant is issued, prosecution is considered commenced and the clock typically stops (tolls). If you leave the state/country with active warrants, time is likely tolled. There’s a law allowing some unserved warrants to expire after 5 years, but that affects the warrant’s validity, not the underlying charges (Tenn. Code Ann. § 40-6-206).
Since warrants have issued, the case is active. Leaving the country likely freezes the limitations period; the charges won’t just vanish after a year. Also, traveling internationally with active warrants can cause issues (arrest at the border, denied re-entry, etc.).
If I don’t leave the country, is the time still frozen, or is there a time limit?
Jon
Even if you stay in Tennessee, the active warrants generally toll the statute because prosecution has commenced. Some misdemeanor warrants may auto-terminate after 5 years if unserved, but that doesn’t necessarily dismiss the charge—it could be re-warranted. Evasion can also count as concealment, further tolling the clock.
That answers my question—thank you.
Jon
You’re welcome!
Jon
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