Cassville, MO asked in Criminal Law for Missouri

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?

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2 Lawyer Answers
Andrea Rogers
Andrea Rogers
Answered
  • Criminal Law Lawyer
  • St. Louis, MO
  • Licensed in Missouri

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

Steve D. Hardin
Steve D. Hardin
PREMIUM
Answered
  • Criminal Law Lawyer
  • St. louis, MO
  • Licensed in Missouri

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

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