Legal Question in Criminal Law in Colorado

Criminal Mischief Charges

My friend was charged with criminal mischief about 3 years ago but never went to court on it. There's still a warrant out, but isn't statute of limitations so that this will go away?


Asked on 4/17/08, 11:21 am

4 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Criminal Mischief Charges

Yes and no. Statute of limitations is to prevent stale claims from being FILED. Once the charge is filed, the SOL stops running. Here, if your friend was ever charged (by "ticket"), the charge would have been filed. DA would say they took the necessary steps to prosecute this charge, they should not be punished for the friend's FTA at court.

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Answered on 4/17/08, 1:04 pm
Jason Savela The Savela Law Firm, PC

Re: Criminal Mischief Charges

once the case is filed, the statute of limitations has been complied with (provided the filing of charges is within the time period)

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Answered on 4/17/08, 1:37 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Criminal Mischief Charges

If your friend was charged and didn't show up for court, there is not a statute of limitaions issue and the case can proceed. If he was just given a ticket and was never given a court date to show up, he has a speedy trial issue which may allow the case to be dismissed. Good luck.

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Answered on 4/17/08, 2:34 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Criminal Mischief Charges

If your friend was charged and didn't show up for court, there is not a statute of limitaions issue and the case can proceed. If he was just given a ticket and was never given a court date to show up, he has a speedy trial issue which may allow the case to be dismissed. Good luck.

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Answered on 4/17/08, 2:35 pm


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