Legal Question in Criminal Law in Kansas

Un-classified Felony - D.U.I.- 3rd charge

I am trying to find out if a statute of limitations can be placed into effect on charges that have gone on for over six months without any formal preceedings? He was charged in the state of Kansas for a supposedly 3rd Dui. My client then moved to Montana for employment and was picked up on an arrest warrant from Ks for a failure to appear and was allowed to post bond that was forwarded to Montgomery County,Ks, was released and still remains in Mt. How ever as of today there still has been no further action on the part of Ks. How long does my client have to wait before he can be resolved of this conflict without the "criminal" having to call and wake up the law enforcement? Thank You!


Asked on 4/16/98, 12:09 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Statute of limitations

The fact that he was charged ends the statute of limitations inquiry, but does not end his right to a speedy trial. I think that is where your question applies. He may be entitled to a dismissal if not given a speedy trial. Whether or not he will have a speedy trial is a matter of Kansas law and I urge you to contact a good criminal defense lawyer there, preferably one experienced in DUI defense. Most likely there is a trial date scheduled. If he has provided the Kansas court with his proper mailing adrress, then he should be getting notices. I would not advise him to "wake up" the Kansas court and prosecutor unless he has not provided an accurate mailing address. In any event, he must contact a lawyer in Kansas. Good Luck!

If we have not met face to face and agreed to my representation of you in a written agreement signed by both you and I, then I am not your lawyer. Any comments made here are not legal advice but presented in the spirit of this bulletin board as general information only.

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Answered on 5/04/98, 1:30 pm


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