Legal Question in Criminal Law in Missouri

My wife and I were arrested 09/04/2009 for child abuse. But we have never been formally charged with anything as of yet. We are needing to know what is the maximum amount of time that the Prosecuting Attorney has to file formal charges against us. We have heard 120 days, and we have herd up to 12-24 months. If you know the answer to this please let us know ASAP.

Thank You

Justin and Vanessa Armstrong


Asked on 10/24/09, 11:39 am

1 Answer from Attorneys

Anthony Smith LawSmith

"Child Abuse" covers a several possible crimes. You did not state which statute or exact crime you were arrested for. You may have been taken into custody for questioning on suspicion of committing a crime. Perhaps you were accused of a specific crime, in which the statute of limitations has been satisfied as to that crime, (you do still have a right to a speedy trial) It would be impossible to tell you exactly to the day how long the government has to bring a charge against you. Certainly you should be safe after five years. Some crimes after two, a few after one. From a practical standpoint, if you have not been charged and/ or arraigned within twelve months, it is unlikely that you will be prosecuted absent another occurrence.

If you are still concerned, get a copy of your police report, and take it to an attorney who can give you more advice specific to your case.

Good luck

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Answered on 10/29/09, 1:51 pm


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