Legal Question in Criminal Law in Minnesota
time allowed to issue a complaint
what are the time standards the police must go by when issuing a complaint. This situation happened over a year ago and I just now got a summons for court.
2 Answers from Attorneys
Re: time allowed to issue a complaint
One year later is generally well within the Statutory Limitation periods for even a misdemeanor. As a result, the delayed charge is not likely challengable on that basis.
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Re: time allowed to issue a complaint
Prosecutors issue criminal Complaints, police do not. A misdemeanor "tab charge" can be initiated by police, later confirmed by a prosecuting attorney. "Statutes of Limitation" periods limiting the time to charge a person with a claimed crime vary, depending upon the jurisdiction (state, federal, etc.). But most are measured in years, not months. There can be other defenses based upon delay in prosecution. Those are difficult to briefly explain, and highly dependent on relatively unusual circumstances. This is one of many things a good criminal defense lawyer would look at, and discuss with you.
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