Q: If the state charges you in the mail but the mail is returned and the SOL has passed can they still charge you?
I was recently arrested for a warrant that was issued in May of 2021. Since then Ive had multiple interactions with police and even have been released from jail with it. It was for felony theft of $1000-$5000 in MN. They tried to mail me a citation back in May of 2021 but the mail was returned and somehow the warrant was not showing up in the system. I found out about it when I applied for DoorDash and they did a background check. I told my public defender on a new case about it and shortly after is when I was arrested. He said he’s never seen anything like it when he runs my name it is clear but when he digs deeper it is actually there. Now my question is since the statute of limitations has passed before i was aware of this warrant can the state still pursue charges? Also I paid 500 bail to a bondsman and wondering if I will be able to get it back.
A: There is no statute of limitations issue here. You were charged when the citation or complaint was filed in district court. Whether you received the document is neither here nor there as far as the statute of limitation is concerned.
A: In criminal cases, the prosecutor must file a charging document (Complaint, Indictment, etc.) before the applicable Statute of Limitations period expires. The date the defendant learned of the criminal charge is not relevant to a Statute of Limitations issue. There may sometimes be, however, other legal defenses related to the passage of time. Discuss these with your lawyer.
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