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  1. #1
    Join Date
    Jun 2012
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    2

    Default What's the Statute of Limitations if You Leave the State

    My question involves criminal law for the state of: Missouri and Washington
    I have a friend that has been charged for a crime in Missouri and for a crime in Washington. The Missouri case has a 3 year statute of limitation. The Missouri case happened 5 years ago and charges were brought against her after 5 years from when the crime was discovered. The prosecutor said that she was only in Missouri for 2 years and 10 months. He said she moved to Washington after 2 years and 10 months of being in Missouri and from when the crime was discovered by law. She went to Washington after 2 years and 10 months to be with her sick grandmother. Her address and intent to still live in Missouri never changed for 3 years and 7 months from when the crime was discovered. She did change her address and decided to live full time in Washington after 3 years and 7 months from when the crime was discovered. Can she have this case dismissed by raising the statute of limitation has expired?

    Her Washington case has a 1 year statute of limitation. The prosecutor said she was in Washington for only 9 months after the crime was discovered because she moved back to Missouri. Her address and intent to still live in Washington has not changed. And it has been over 1 year from the date of discovery of the crime by law and charges brought against her. Can she have this case dismissed by raising the statute of limitation has expired?

  2. #2
    Join Date
    Sep 2010
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    6,626

    Default Re: "Absent from the State" for Two Different States and Their Charges

    The statute of limitations tolls (is put on hold) when she is absent from the state. It matters not what her "intent' was nor what she claimed her legal residence or address was. If she was not in the state available for prosecution, the time doesn't run. If she wants to try to dodge the statute of limitations she has to stop fleeing from the state she commits her crimes in.

  3. #3
    Join Date
    Jun 2012
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    2

    Default Re: "Absent from the State" for Two Different States and Their Charges

    Why does Missouri use the term "absent from the state" and Washington use the term "not publicly a resident?" Whats the difference between the two terms? Do they mean the same or not?
    How would the prosecution know if she was 'in the state" or "not in the state?"

    - - - Updated - - -

    Missouri uses the term "absent from the state" and Washington uses the term "not publicly a resident" under their criminal statute of limitation. What is the interpretation of each term and is there a difference between the two?

  4. #4
    Join Date
    Sep 2010
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    6,626

    Default Re: "Absent from the State" for Two Different States and Their Charges

    Absent means what it says. They probably went to find her and was told she was gone. She'll have to raise a defense in court if she wants to argue that she wasn't. This part is not a "beyond a reasonable doubt" part.

    Not publicly a resident just includes people who are still in Missouri but hiding out.

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