I was charged with a petty larceny , 10 years ago. I recently returned to Miami and was stopped and found out I had a 10yr BW can I still be charged

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I was charged with a petty larceny , 10 years ago. I recently returned to Miami and was stopped and found out I had a 10yr BW can I still be charged

This was a $ 1 dollor charge and I never recieved info on what would be the outcome because I left to attend school . What should I tell the judge when I go to court can this be dismissed ? I havent had any other run in since

Asked on June 16, 2009 under Criminal Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there were charges filed, and they weren't dismissed, you can still be prosecuted.  I'm not a Florida attorney, but some states stop the running of a criminal statute of limitations during the time you've left the state.

One way or another, you're going to need to deal with this, and I'd really recommend getting a lawyer to help you find your way through it. If there's a technicality to make it go away because of the length of time -- or because the witnesses against you can't be found -- that's part of the attorney's job.

If you have to explain why you didn't appear in court before you left for school, and never came back to deal with it, the truth is the best way.  I'd hope you can honestly look back and say that it was stupid to blow this off, and that you're older and you know better now.


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