I was arrested in 2007 for possession of Marijuana and was bonded out. Its 2013 has the Statute of limitations ran out.

How can i go about getting it off my background. Its showing that i still have a pending case?

Valley, AL -

Attorney Answers (3)

Patrick Mahaney

Patrick Mahaney

Criminal Defense Attorney - Montgomery, AL
Answered

In the criminal law context, the term 'statute of limitations' means the time period in which to initiate or begin a criminal prosecution. If an arrest warrant was issued in 2007, that event 'tolled' (or stopped) any statute of limitations problem. See, Code of Alabama, 1975, section 15-3-7: 'When prosecution deemed commenced.' which states: "A prosecution may be commenced within the meaning of this chapter by finding an indictment, the issuing of a warrant or by binding over the offender."

Brian Joseph Lockwood

Brian Joseph Lockwood

Criminal Defense Attorney - Mobile, AL
Answered

Under Alabama law, a warrant being filed, an indictment being issued or a bind over is necessary. Check for a warrant.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
John M. Kaman

John M. Kaman

Criminal Defense Attorney - San Francisco, CA
Answered

Nope. Once you were arrested and charged the statute stopped running. Maybe it is time you stopped running as well.

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