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Once chargers ate filed is there statue of limitations on…

Once chargers ate filed...

Once chargers ate filed is there statue of limitations on when they must prosecute your or give you a court date?

Lawyer's Assistant: Is this a criminal or civil case?

Criminal, traffic

Lawyer's Assistant: In what state did this occur?

Missouri

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Answered in 1 minute by:
8/12/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,851
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Hello,

A statute of limitations only applies to how long the state has to charge a person. Once they are charged, the statute of limitations doesn't apply. However, you have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense.

With limited exceptions, a defendant should be brought to trial in Missouri: Within 70 days of your first appearance on an Information or Indictment, or if you are in custody, within 90 days following the beginning of custody. Since it generally isn't possible to adequately prepare for a trial within this time, defendants will often waive their right to a speedy trial.

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Customer reply replied 9 months ago
Ok, so once they file then I just have to wait to be notified of my court date?

If you believe you are ready for trial, you can file a motion for speedy trial. The prosecutor's office would then have to bring its case against you as soon as possible, but no later than 70 days days of your first appearance on an information/indictment, or 90 days where you are in custody. If they fail to do so, the remedy is that prosecution should be dropped.

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Customer reply replied 9 months ago
It's been a year
Customer reply replied 9 months ago
You didn't answer my question, once they file there is no time limit on when they must issue a court date, is that correct?

Missouri statutes do provide that when a request for speedy trial is made, it is reasonable if the trial is brought within 180 days, but even still, a year is far longer than that.

You could file a motion to dismiss the case but if the court finds no request for speedy trial was made, the court may deny such a request. On the other hand, if the Court finds that the constitutional protection has been violated, the remedy is no further prosecution. The statutory language found in Section 217.460.1 of the Missouri Revised Statutes specifically outlines the course of action to be taken by the court as follows:

“…If the indictment…is not brought to trial within the period and if the court finds that the offender’s constitutional right to a speedy trial has been denied, no court of this state shall have jurisdiction of such indictment…nor shall the untried indictment…be of any further force or effect; and the court shall issue an order dismissing the same with prejudice.”

Prejudice in this legal sense means the charge cannot be re-filed and the facts of this case may not be reused to prosecute this defendant.

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Perhaps you didn't see my earlier response, I thought I did answer that. There's no statute of limitations once you are charged, but once a defendant makes a request for speedy trial the case should be brought to trial as soon as possible, but no later than 180 days under Missouri statute.

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Customer reply replied 9 months ago
Ok, sorry I get a little confused on what exactly "filed" and "charged" mean. I guess they mean the same thing. Thanks

Sorry, I didn't mean to confuse you!

RobertJDFL
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