Chalmette, LA asked in Criminal Law for Louisiana

Q: Received summons for a simple battery charge alleged in 2015.

While conducting background check in Orleans police dept, was informed of a misdemeanor battery charge filed against me in 2015. Was given summons to appear. Would this be dismissible under statute of limitations or failing to prosecute within a required deadline?

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
Answered
  • Criminal Law Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: From your post, what actually happened is unclear. After you received the summons what happened? If there was never formal prosecution---a bring of the charges in Court, then it is most likely too late to bring formal charges. If formal charges were brought against you and you were to appear in Court but did not and a bench warrat was isued, then it most likely is not too late because the reason for the delay is your failure to appear--that said, the prosecution may not be able to prove its case after an 8 year delay so I would not be agreeable to a guilty plea. If formal charges were brought against you abd you did nothing to prevent prosecution of the case (i.e, made your court appearances), then the formals charges are most likely too old to prosecute. If you want to see where all of this stands and what happened, then I would suggest you contact a criminal defense attorney and have him do the leg work for you ---which it may (or may not) cost a little money, it is most likely more efficient than your trying to do this by yourself. Good luck.

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