Legal Question in Criminal Law in Missouri

Criminal Law/ 3rd Degree Assault W/ pysical Injury Class A Misdemeanor

This Charge stems from 2003 in Missouri.

The Prosecuting Attorney wanted 30 days jailtime. I told him I wanted to speak to my lawyer before I took any deal. After I hired a Attorney the PA wanted 60 days jailtime and my Lawyer kept telling me it was a ''really good deal'' and I should take it. So I refused and left state.

I feel my rights were violated and I was punished for asking to speak with a lawyer before taking his deal. Is this True were my rights violated?

Again it has been 5 years since this incident. Is there a motion I can file to have the case thrown out because it has been so long?

I feel like it would cost the state alot of time and money to prosecute a 5 year old misdemeanor on a person with nothing but a MIP and a few traffic tickets on his criminal record.

Thankyou for reading.


Asked on 1/05/09, 8:08 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Criminal Law/ 3rd Degree Assault W/ pysical Injury Class A Misdemeanor

Once you were charged, the statute of limitations was tolled (stopped). You are considered by the law to be a fugitive and the case will remain open forever unless someting happens to bring it to a conclusion. You have taken the first step by seeking legal advice. Perhaps the passage of time will work in your favor. The alleged victim may no longer be available to testify against you, the arresting officer may no longer be on the force, other things may have happened that would make your case easier to defend or plea bargain. I would strongly suggest that you contact some other criminal defense attorney in or near the county in which you were charged.

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Answered on 1/07/09, 12:01 am


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