What constitutes “absent from the state” regarding the calculation of the statute of limitations?

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What constitutes “absent from the state” regarding the calculation of the statute of limitations?

Missouri criminal statute of limitations section 556.036. The statute says that “the period of limitations does not run: During anytime the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.” Example: The accused lives in Missouri and resides in Missouri but works in Kansas for 8 hours a day. And after work everyday they come back home to Missouri. Would Missouri courts considered the accused “absent from the state” of Missouri when they are in Kansas working?

Asked on November 19, 2010 under Criminal Law, Missouri

Answers:

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

Answered 10 years ago | Contributor

Hummm.  That is an interesting question.  I think that the issue may be if the accused is actually hiding or "concealing himself from Justice either within or without this state."  How the cases interpret it will matter here so the best party to ask this question of is an attorney in your area.  I get the feeling, though, that just working outside the state may not be what the statute actually means when it states "absent from the state,"  and especially if you still have an address within the state to which you come home every night.  Get some help with the whole matter, though, ok?  Living in fear is never fun. Good luck.  


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