If the facts alleged in the charges constitute an offense, and the accused has not been arrested for said offense prior to the filing of the information, the court shall issue the appropriate warrant for his arrest. The officer executing a warrant shall take the arrested person without unnecessary delay before the court which issued the warrant or before any available magistrate, in order to admit the defendant to bail.
The term for service processing of an arrest warrant shall be the same as the statute of limitations of the crime charged, calculated from the date of issue of the arrest warrant. For cases that do not have a statute of limitations greater than five (5) years, or that do not have a statute of limitations at all, the term for the service processing of an arrest warrant shall be five (5) years calculated from the date of issue of the arrest warrant.
Under extraordinary circumstances, the judge may accept an arrest warrant that is served out of the established term as valid. For such purposes, the judge shall consider among others, the following factors:
(1) Official procedures toward arresting the accused.
(2) Whether the accused knows of the arrest warrant issued against him/her.
(3) Whether the accused has escaped or hidden.
(4) The availability of the accused for the execution of an effective service processing.
(5) Whether the address or whereabouts of the accused are known or should have been known.
(6) Whether the address of the accused has changed.
(7) Whether the accused has fled from the jurisdiction of the Commonwealth of Puerto Rico.
(8) Mobility of the accused within the jurisdiction of the Commonwealth of Puerto Rico.
History —Sept. 3, 2003, No. 246, § 1.