QUESTION
Statute of limitations should cover this if I went to police station on suspicion of DWI, was set free now I found out they pressed charges?
Asked on Jul 04th, 2013 on DUI/DWI - Louisiana
7 ANSWERS
The prosecutor has 1 year to file charges if it's a misdemeanor. 3 years for felonies. If the prosecutor charged you with DWI but you just never received the paperwork in the mail, that's not a statute of limitations issue. You're still responsible even though you didn't receive notice in the mail. You need to hire an attorney.
Answered on Jul 08th, 2013 at 11:34 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Where do you live as that will affect matters.
Answered on Jul 05th, 2013 at 7:13 PM
Geoffrey MacLaren Yaryan
In California as long as they filed within a year of the arrest, then the statute of limitations has been satisfied. However, there is another issue having to do with your right to a speedy trial. The case could be dismissed if they made no attempt to notify you of the filing of the case or the issuance of the warrant, and that resulted in prejudice.
Answered on Jul 05th, 2013 at 3:58 PM
You need to hire a lawyer to file a "Serna" motion.
Answered on Jul 05th, 2013 at 3:24 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The statute of limitations is three years for a felony and one year for a misdemeanor.
Answered on Jul 05th, 2013 at 11:33 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They have six years from the date of the offense to bring charges against you.
Answered on Jul 05th, 2013 at 11:15 AM
2 Awards
The answer to this question depends on the number of DWIs you have had in the past. If it is your first or second, then it is a misdemeanor in Louisiana. The state has 2 years from the date of the offense to bring the charge against you in Court. Hire an attorney to file the appropriate motions.
Answered on Jul 05th, 2013 at 10:44 AM