It just seems odd that a person can be charged with a crime and not go to trial for 8-9 years. Even if the defendant thought he was finished with the case and if the prosecution could not reach the defendant to advise them of the trail, you would think that a warrant would be issued and eventually a cop would run your plate while you were driving and you'd be picked up on the warrant. I guess stranger things happen in the legal system.
I'd also think that as long as you weren't avoiding prosecution that the DA would be open to accepting a reduced charge plea bargain on a case that old. Evidence and witnesses might be hard to round up and a good defense attorney should be able to exploit the long delay.
Hope he gets is straightened out and gets his CHL.
Search found 3 matches
- Wed Oct 18, 2006 11:50 pm
- Forum: General Texas CHL Discussion
- Topic: Reckless Driving
- Replies: 54
- Views: 7438
- Wed Oct 18, 2006 5:50 pm
- Forum: General Texas CHL Discussion
- Topic: Reckless Driving
- Replies: 54
- Views: 7438
After filing the charge, and assuming the defendant is not avoiding prosecution which causes the prosecution to be delayed, does the state have to pursue prosecution of the case in any prescribed amount of time, or can the charges hang over someone's head indefinitely?txinvestigator wrote:He has already been charged. The statute of limitations only applies to the filing of charges.Odin wrote:Before you plead guilty you might want to have your attorney check into the statute of limitations on your offense and see if the state can still pursue charges. I don't know what the NY law is regarding those matters, but if you were in the state and not a fugitive avoiding prosecution then the state probably has a set length of time to pursue the charges or they may be dismissed. If you're hiring an attorney it's a valid thing to check in to.
- Wed Oct 18, 2006 5:32 pm
- Forum: General Texas CHL Discussion
- Topic: Reckless Driving
- Replies: 54
- Views: 7438
Before you plead guilty you might want to have your attorney check into the statute of limitations on your offense and see if the state can still pursue charges. I don't know what the NY law is regarding those matters, but if you were in the state and not a fugitive avoiding prosecution then the state probably has a set length of time to pursue the charges or they may be dismissed. If you're hiring an attorney it's a valid thing to check in to.