I have been incarcerated for 16 years and during my incarceration I had a misdemeanor charge and couldn't handle it because of my incarceration. Now I have to appear in court. Isn't there a statute of limitations.

Of course you can... those are on hold while you are in jail. How did you get a midemenor while in jail?

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Originally Posted by smoothy

of course you can.....those are on hold while you are in jail. How did you get a midemenor while in jail?

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I didn't get the charge while incarcerated. I got it in 1994 while out, court date was in Nov. 1995 went to jail on January 1995 didn't get out until May 2011 and now I am being charged with possess consume beer wine on school property.

Statute of limitations is between committing the act to when they charge you for it... not when you go to court for it.

The right to a speedy trial guaranteed by the U.S. Constitution and the laws of most states may well apply.

Often charges are held till released from one location, normally state, to another,
And yes of course they can prosecute, the SOL applys only to the time you were charged.

But since it waited so long, most attorneys should be able to get it dropped, esp if you tried to get them to try the case while you were in prison

Hello b:

I can't believe they will. But, you probably need to make an appearance so it goes away.

excon