NCTJ Court Reporting Practice Exam

What occurs if no arrest is made within 12 months of the issue of a warrant?

1. The case ceases to be active

2. The case automatically closes

3. The defendant is set free

4. The matter is escalated to higher courts

The correct answer is: The case ceases to be active

If no arrest is made within 12 months of the issuance of a warrant, the case ceases to be active. This means that the law enforcement agency and the legal system consider the warrant ineffective due to the passage of time without any action taken to apprehend the individual named in the warrant. As a result, the relevant authorities are no longer pursuing the matter, and it essentially falls off their active roster of cases. This status helps to manage law enforcement's resources by prioritizing current and actionable cases. In contrast, the other options do not accurately represent the procedural outcome of such a situation. The automatic closing of a case does not take place as a distinct legal process; rather, it is simply that the case is not pursued. The defendant is not set free in the legal sense, as they remain subject to the warrant until it is formally canceled or executed. As for escalating the matter to higher courts, that course of action is not standard if no arrest occurs, as it does not trigger any further legal proceedings. Therefore, the best outcome reflective of standard legal procedure after 12 months with no arrest is that the case ceases to be active.