How long does a prosecutor have to file charges?

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How long does a prosecutor have to file charges?

I’m a social worker and trying to help one of my clients. My client was arrested on 09/11 of this year for disorderly conduct II. My client had a hand gun in the open outside a bar and the alleged victim flagged down police after an argument with my client to tell the cops that he had a gun. The alleged victim stated to the police that my client never pointed the firearm at him or did he feel that his life was threatened. The firearm had an empty clip in it and in the state of OR your gun does not have to be registered. My client was released that night a few hours later and given a court date for 09/14/10. At that court date he checked in and was given a piece of paper stating that no charges have been filed. He has been calling once a week since his court date to check and its been a little over 2 months and no charges have been filed. My question is will any charges be filed and how long does my client have to call in and check? My clients firearm was taken and put under evidence, when can he get his property back?

Asked on November 16, 2010 under Criminal Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Than you for the details on the matter.  But how the case is listed in the system will determine just how long the prosecutor has to file charges (the statute of limitiations).   Disorderly conduct as it is stated in the Oregon Statutes is a Class B Misdemeanor.  Was he charged with anything else (And by anything else I mean the issue with the gun)?  Was this his first offense?  In any event the statute of limitations for the filing of charges by the prosecutor is 2 years for misdemeanors.  That is a long time to be calling in so I would suggest that he seek help from a criminal defense attorney in your area.   Good luck.


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