I went to prison for 8mos. And when got release 4 mo. Later they charged me with a crime that happen over a year ago . Should I be able to get that thowed out.

No , why would you think you should?

You went to prison because you were charged, went to court and was found guilty and/or pleaded guilty.

If you are now charged with another crime, a lot of crimes have over a year SOL, Also if you were charged with it, just not arrested, the SOL does not even apply.