Kalispell, MT asked in Criminal Law for Arizona

Q: The actual facts occurred more than 12 months ago in a misdemeanor. The complaint, uses the wrong date.

Can the State amend the charge, after the statute of limitations has run on the right date? I see the exceptions. Evidence issues abound. But the complaint filing date is most likely prosecutor error because they waited 11 months to file and made a mistake in reading the Officers report, which said the blood test was not available when in fact, it was never taken. Defendant hasn't been served. Officers report and all evidence clearly state the right date. Has the Statute of limitations expired?

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1 Lawyer Answer
Steven Scharboneau
Steven Scharboneau
  • Criminal Law Lawyer
  • Anthem, AZ
  • Licensed in Arizona

A: You are correct, the statute of limitations for misdemeanor charges in Arizona is 1 year from the date of when the event occurred or the government had reason to know of the offense. It sounds like you may have an issue here. You should contact an Arizona criminal defense attorney with more of the information so that they can take a look at the specifics and give you an accurate analysis. Most attorneys will take a look at things and give you a free case evaluation and no charge.

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