I'm located in Huntsville, AL and was recently arrested for Criminal Mischief in the 3rd degree and Harassment. Evidently a girlfriend from 10 years ago had a warrant put out on me. I didn't know anything about. But since then I have went to prison and served time for other charges and nothing regarding this issue came up. So I guess I want to know if there is a Statue of Limitations for Criminal Mischief 3rd degree and Harassment in the State of Alabama? And if when I went to prison should that have taken care of it?
Please let me know
1 Answer from Attorneys
Based on the circumstances you described, you should have your attorney file a motion to dismiss the charges against you based on the denial of your right to a speedy trial. The city cannot wait 10 years to get around to prosecuting you for a misdemeanor case, especially when you have been in custody the entire time. Your case is a perfect example of the kinds of cases that are dismissed for speedy trial violations. You can learn more about your speedy trial rights by reading an article I wrote on it, which is posted online at the following link: http://www.avvo.com/search/guides_authored_by_search?professional_id=2793747
Good luck to you, and let us know if you need further assistance.
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