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Asked in Denver, CO Oct. 11, 2017 ,  1 answers Visitors: 7
Does the STATUTE OF LIMITATIONS apply to cases that have been filed or haven't been filed or both. One is DWI

1 Answers

Anonymous
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Posted on / Oct. 12, 2017 08:00:23

it is difficult to answer questions without having all the facts in front of the lawyer.

with a misdemeanor they normally a year to file.

if they file very late or even early and you were not made aware of the case then your lawyer would consider a Serna Motion to dismiss.......in essence for lack of timely prosecution which violated your rights.

usually what happens is they arrest you and let you out and you show up on the court date and no case is there.

the Defendant assumes they dropped the case but the reality is they file with a warrant. Thus there is an outstanding criminal case with a bench warrant.

the Serna motion has recently been made more difficult because of a new case that requires the defendant to show actual damage by the not filing timely.

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