QUESTION
How long does the state have to prosecute after I have been arrested and released?
Asked on Apr 05th, 2016 on Criminal Law - Missouri
More details to this question:
I was arrested in July of 2013 for an alleged assault 3rd misdemeanor. I was released the next day. Later that week, I had a warrant for my arrest. When I went to turn myself in and pay the bond, the police officer asked if I had any medical problems. I told him yes and showed him my medications. He then said he could not take me in custody. That he would file some paperwork with the prosecutor’s office. If I don't get anything in the mail then don't worry about it. It's now been almost 3 years and I find out I still have what they call a wanted for me, and the charges were not dropped and I'm being prosecuted. Why after all this time? I'm on disability and been living in the same place for 3 years. This case will be 3 years old come July 2016.
1 ANSWER
For a misdemeanor, the Prosecutor has up to 1 year from the date of the incident to file charges against you. The warrant or the "wanted" never expires, so you will need to hire an attorney to represent you for this. Your attorney can probably get the charge reduced to a lesser offense or dismissed so you won't end up with a conviction for assault on your permanent criminal record.
Answered on May 10th, 2016 at 10:44 AM