I received a summons for a class A Misdemeanor possession of less than 35 grams of marijuanaImitation controlled substance (Missouri). I was never arrested or ticketed for anything but it says my "offence" occurred 05/20/2012 and the case was filed 03/06/2014, 1 year 9 months and 14 days from the "offence". Is that not violating RSMO 556.036 Statute of limitations?
Answer
Possibly. A statute of limitations can be tolled, or stayed, if the defendant is hiding in-state or is living out of state, or if the defendant is mentally deficient at the time of filing of charges. Were you living openly in Missouri during this time? If so you may have a defense. Feel free to contact me to discuss this in more detail.
Answer
I don't believe you have a statute of limitations defense. But, I would need to do the research to be absolutle sure. In any event, you need to hire an attorney if you do not already have one. I have handled many such cases over the last 36 years, and you may contact me directly.
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