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legaleagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13441
Experience:  Licensed Attorney for 7 years
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My seventeen year old twins were stopped by police (driving

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My seventeen year old twins were stopped by police (driving my car) and found to have illegally consumed alcohol (blew a .03... below legal limit but not for a teenager) and in possession of a pot pipe, seeds and stems on floor of vehicle. it was almost a month ago and we have not been served. I am told that they do not charge minors right away... that the magistrate or prosecuter makes out a warrant for deputy to deliver to house at a later date. How long does the state have to make a charge ? There has to e some time limit... doesn't there?
The state has up to 2 years to file criminal charges for a misdemeanor.
Customer: replied 8 years ago.
just to clarify... there's no magic bullet. We have to accept and answer summonses when they are delivered to us... unless they take more than two years to get it done... correct?

Yes you have to accept, if you purposely avoid service that will not be counted against the state as failing to act in time. Now it if is more than 2 years later, you should still accept service but then file a motion to dismiss on lack of jurisdiction for failure to press charges in accordance with the statute of limitations.

legaleagle and 3 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Thanks Shelley. Do you have a policy on dating old guys?... only kidding. have a pleasant day.
I am married so my policy is not to date anyone, sorry :) Have a great day.