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  1. #1

    Default How Long Do The Police Have To Issue a Citation

    Pa ! I have heard 30 days and I have heard 10 days does any one out there know what the actual amount of time is !this was well over a month ago son was stopped ! H has recieved nothing !

  2. #2
    Join Date
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    Ohio
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    Default Re: How long do the police have to issue citation

    Quote Quoting Mrsawd
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    Pa ! I have heard 30 days and I have heard 10 days does any one out there know what the actual amount of time is !this was well over a month ago son was stopped ! H has recieved nothing !
    Usually around 1 year.

  3. #3
    Join Date
    Aug 2007
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    3,837

    Default Re: How Long Do The Police Have To Issue a Citation

    Quote Quoting Mrsawd
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    Pa ! I have heard 30 days and I have heard 10 days does any one out there know what the actual amount of time is !this was well over a month ago son was stopped ! H has recieved nothing !
    This case discusses the limitations of prosecutions. IF what he was stopped for and "will be" potentially charged was a "summary offense" under the vehicle code, yes it appears there is a 30 day window. It also discusses the "discovery rule".

    You can research this yourself online or at a library.

    In part:

    "The applicable statuteof limitations to summary offenses involving vehicles is set forth in 42 Pa.C.S.A.§ 5553(a), which provides:
    Except as provided in subsections (b) or (c), proceedings forsummary offenses under Title 75 (relating to vehicles) must becommenced within 30 days after the commission of the allegedoffense or within 30 days after the discovery of the commission of theoffense or the identity of the offender, whichever is later, and not thereafter".


    http://64.233.167.104/search?q=cache...nk&cd=33&gl=us




    Even if a longer time limit were imposed by law, say a year or two, the government may not be able to just "sit on thier rights" as far as prosecution goes. True, the prosecution may still be commenced, but delay doctrines, such as Laches, may be argued IF it is prejudicial to a defendant.

  4. #4
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    Aug 2007
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    3,837

    Default Re: How Long Do The Police Have To Issue a Citation

    Applicable statutory citation from above case:


    http://members.aol.com/StatutesP1/42PA5553.html

  5. #5

    Default Re: How Long Do The Police Have To Issue a Citation

    Thank you for all the information here !

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