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What are the statues of limitations if any in this case?
I have a family member who stands accused of stealing furniture from a hotel room, and destroying the hotel room.
He has been going through the case for four years they keep postponing his trial.
For the first 3 years he was shown no evidence. The forth year he was show grainy footage that could not be made out properly.
Are there statues of limitations for his case in lousinana law as he has been charged but not convicted for four years.
He does not live in that state.
If there are any please give sources to confirm it or legal statues to refer to thank you.
8 Answers
- SlickterpLv 73 years agoFavorite Answer
The SOL is only for them to charge them with a crime. They already did that, so the SOL no longer applies. That said, any decent lawyer would have it throw out at this point for not getting a speedy trial.
- curtisports2Lv 73 years ago
It's statute, not statue. A statute of limitations applies to the amount of time in which a case can be brought against a person or business before the right to bring it ceases. Once case begins, that no longer applies. An accused's attorney can file for dismissal under the 6th Amendment guarantee to a speedy trial, and that filing will have to work its way through the various levels of the system.
- 3 years ago
Is it a civil or criminal suit?
If it is a criminal suit, he can hardly complain when he has refused to return and face trial.
- Anonymous3 years ago
He should ask a lawyer, for most things like this the time limit is 6 years.
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- BruceLv 73 years ago
The Statute of Limitations only apples from the time of the crime until charges are filed. Since he was charged, it is no longer an issue. The only issue now is his Sixth Amendment right to a speedy trial. That is a motion his attorney can make.
Where he lives and where he was charged is irrelevant. The Sixth Amendment is part of the US Constitution, so it is the same in every state.
- mindcrime828Lv 73 years ago
If he has been formerly charged, then the statute of limitations does not apply. His lawyer should be pressing for his 6th amendment right to a speedy trial.
- ?Lv 73 years ago
You fail to name the charges, and whether misdemeanors or felonies. There are no statues with the information you seek. Words matter.
