Ask Experts Questions for FREE Help !
Ask
    boffo's Avatar
    boffo Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 6, 2013, 01:10 PM
    I have a misdemeanor 16 years old can I be prosecuted for it
    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.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #2

    Mar 6, 2013, 01:11 PM
    Of course you can... those are on hold while you are in jail. How did you get a midemenor while in jail?
    boffo's Avatar
    boffo Posts: 2, Reputation: 1
    New Member
     
    #3

    Mar 6, 2013, 01:15 PM
    Quote Originally Posted by smoothy View Post
    of course you can.....those are on hold while you are in jail. How did you get a midemenor while in jail?
    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.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #4

    Mar 6, 2013, 01:25 PM
    Statute of limitations is between committing the act to when they charge you for it... not when you go to court for it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    Mar 6, 2013, 03:21 PM
    The right to a speedy trial guaranteed by the U.S. Constitution and the laws of most states may well apply.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Mar 6, 2013, 04:19 PM
    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
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #7

    Mar 6, 2013, 04:35 PM
    Hello b:

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

    excon

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

3 years felony probation picked up new charge... misdemeanor [ 1 Answers ]

First time getting in trouble on on caught a misdemeanor weed under once what is going to happen to me

Can I be a cop with a misdemeanor and Dui in the last 7 years [ 1 Answers ]

I was just wondering If I can still possibly be a cop someday ? I have an arrest for domestic battery, but I did not get convicted of that, I took a plea bargin of (criminal trespass to a residence) on that one. I also got arrested for Dui 3 years later and did not get convicted of that either, Im...

Can I be prosecuted? [ 24 Answers ]

I had consentual sex with a 17 year old male outside of work and I was his supervisor.nothing ever happened at work.he was after me. Afterwards he was bragging about it at work.now I got demoted and put on a different shift.he recently quit and now says he feels he was picked on.now he is talking...

Can I get a passport if I've had a misdemeanor 20 years ago [ 1 Answers ]

;)My brother had a misdeameanor 20 years ago and he has sent for his fiance' and been to the Philippines three times. The problem is they're stuck on the misdeameanor. He's never been in trouble since, and is a good man, Can they hold up her K-1 Visa?

BAD CHECK IN MD UNDER $300 on a check older than 2 years old be prosecuted [ 1 Answers ]

There were some checks written in md on a closed account under $300 to a store, they were cleared in a bankruptcy, but never cleared through the store. The question Can criminal charges be filed in md on a check older than 2years old if they were written on a closed account Can criminal...


View more questions Search