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IS THERE A STATUE OF LIMITATION ON ARRAIGNMENT WHEN I HAVE NEVER BEEN ARRAIGNED BUT I BEEN BONDED AND ITS BEEN 390 DAYS AGO

Lake Worth, FL |

I was arrested in March of 2012 and currently haven't been arraigned or heard from the courts so is there a statue of limitation.

Attorney Answers 3

Posted

The State has 6 months to bring you to trial on a Felony, 90 on a Misdemeanor. Typically the State makes a filing decision within 30 days. Have you checked to see if he case has been disposed of?

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Chances are your case was dismissed. Have you looked to see? But to answer your question, the SOL varies depending on the offense.

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Posted

Yes, every charge has a statute of limitations, but once you have been arrested it becomes a speedy trial issue. Under these facts, if the state has not filed formal charges, you should be able to file a notice of expiration of speedy trial and a motion for discharge if the state starts to proceed in the future. You may want to check with the clerk of court to make sure no action has been taken by the state.

For more information, www.stuartcriminaldefense.com The hiring of a lawyer is an important decision. Avvo is a great resource to learn about lawyers and legal issues, but answers to questions posted here do not create an attorney client relationship.

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