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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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My daughter had a case in 2001 for buying cold medicene and

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My daughter had a case in 2001 for buying cold medicene and the case was always postponed she did do some time for having meth,and when she got out her public defender kept telling her things were just not going any where and she should just wait not to open a can of worms,then she contacted the clerk at the court and was told if after seven years it would be thrown out by the end of Dec.of 2008 So she called today and was told that the Judge reinstated the case,How can that be and can they do that? She has not done anything since she got out in 2002.Can you give me some advice.Thank you
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
Can you tell me what was postponed? When was the alleged crime? In what state?
Customer: replied 5 years ago.

The crime was buying cold medicene,But the two people with her had stolen some cold medicene,even tho my daughter had a reciept for what she got they told her it was her car and was charged with intent to make meth or something like that. The case was always postponed every time they set a court date even tho she showed up,and then her public defender would call and say no need to come to court because it was being postponed again,when she went to prison I called her public defender and told her and she said to get in touch with her when she got out which we did thats when she told us not to open a can of worms she would keep check on it but then after a couple of months we called her public defender and she was no longer there thats when we started contacting the clerk. the Stste this happend in is Missouri.

Expert:  P. Simmons replied 5 years ago.
Well, I suspect that the statute of limitations is involved in some manner

For most crimes in MO the statute of limitations is 3 years or less...but that can be put on hold for various reasons including perhaps her time in jail.

IF the state has reopened the case, she will be given an attorney who can work with her to determine if, in fact, the statute of limitations has run or not and if it has, can work to dismiss the charges.

IN MO as in other states, the state can bring charges at any time and, so long as the charges are not barred by the statute of limitations, the state can prosecute the case.





Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26525
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 4 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
I,m sorry but how do I get your answer is it in an e-mail ?
Expert:  P. Simmons replied 5 years ago.
It should be in a link...but I will post again here

Well, I suspect that the statute of limitations is involved in some manner

For most crimes in MO the statute of limitations is 3 years or less...but that can be put on hold for various reasons including perhaps her time in jail.

IF the state has reopened the case, she will be given an attorney who can work with her to determine if, in fact, the statute of limitations has run or not and if it has, can work to dismiss the charges.

IN MO as in other states, the state can bring charges at any time and, so long as the charges are not barred by the statute of limitations, the state can prosecute the case.
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26525
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 4 other Criminal Law Specialists are ready to help you

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