Q: What is the statute of limitations on class d misdemeanor stealing in Missouri
My wife was charged last Dec. 12 for stealing less than $40 of merchandise from Walmart. She is not guilty and has already pleaded not guilty in municipal court. They have rescheduled several times, then transferred it to circuit court. She was due to appear in front of the new judge to enter a plea to him so that he could take over the case. It was scheduled for Nov. 23. She was going to plead not guilty again to set a new trial date but they texted her today that I was cancelled once again and that they would notify her when they rescheduled. We understand that covid-19 hit this year but the law statute of limitations is law and has not changed because of it. So what is the actual statute and can she have it dismissed?
A: No, this case is not going to be dismissed because of statute of limitations. For misdemeanors, the Prosecutor has 1 year from the date of the incident to file charges. In this case, it sounds like the Prosecutor filed the charge well within the 1-year statute of limitations.
Steve D. Hardin agrees with this answer
A: The statue of limitations for a misdemeanor is one year. However it doesn't run once a charge has been filed so it doesn't apply in your wife's situation. Your wife needs a lawyer as there maybe other things that can be done.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
