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Statue of limitations?


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I was arrested over a year ago for two class b misdemeanors and I still have not received a court date...what should I do?

It's a rare possibility the charges have been dropped.

 

Either way, go to your local court (or the jurisdiction you were arrested in) and make an inquiry, they'll tell you what's up.

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For prosecution, the *statute* of limitations is generally 3 years for a misdemeanor and 6 years for a felony. Misdemeanors vary slightly state to state, and the statute of limitations doesn't apply to heinous, military, international, or lying under oath cases. This time limit is only for setting the first court or hearing date, and the date can be outside the time limit as long as it was set within it.

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I did google it, but all i found was what punishments you could recieve, not a definition.

 

A misdemeanor is any offence that is considered a lesser crime in a (most) common law systems (opposed to a felony which is the higher crime). In a civil law system they are referred to as a contravention.

 

This means you can driving misdemeanor or a drugs misdemeanor etc etc. It is not a specific offense.

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  • 2 weeks later...

the burden is on you to follow up on it. you could have a warrant out for your arrest right now, actually, if something got lost in the mail and you missed a court date. i think you should have received something in the mail about it within 3 or 4 months tops, so you really should have already checked up on it before now.

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  • 3 weeks later...

yeah, if they are mailing things to an old or incorrect address, a warrant notice would probably been sent to the same place that the initial court date papers were sent to.

 

had a $10 broken headlight fix it ticket turn into a "failure to appear" and bench warrant once. best to contact the courthouse ASAP

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