QUESTION
SOL for DA to upgrade Misdemeanor to Felony on 2nd offense VTL 1192.4?
Asked on Jun 11th, 2013 on DUI/DWI - Missouri
More details to this question:
What is the SOL for the DA to seek an indictment of a DWAI, second offense? Both the arraignment and arrest charges were commenced under VTL 1192.4 (unclassified misdemeanor). Defendant posted bail and the adjournment circus commenced. No plea was reached, defendant changed counsel, and the DA sought an indictment (true-bill) nearly 11 months after the arrest date. What if any, violations have occurred in this scenario?
2 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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In Missouri, the statute of limitations on a misdemeanor is one year and the statute of limitations on a felony is three years. It looks as if you are still within the statute of limitations period for the prosecutor to seek either misdemeanor or felony charges.
Answered on Jun 11th, 2013 at 7:58 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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DA can amend up to the day of trial.
Answered on Jun 11th, 2013 at 7:58 PM