An accident involving a fatality occured Aug 2, 2012 in Maryland. Other driver in a fuel delivery truck was stopped in the median and truck stuck out into the fast lane of highway. Traffic violations were charged against the truck driver on or near the one year anniversary of the accident. However the driver was not served the papers until after that date.
What would have been the last day to file charges to meet the statue of limitations, and does filing the charges meet the criteria or does the person have to be served before that final day?
2 Answers from Attorneys
There's no statute of limitations for offenses that may result in imprisonment in Maryland, which means more than a year. The statute depends on the specific charges. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
There would be not statute of limitations on the facts you describe. Nevertheless, the time for calculating the statute would be when case filed, not when person served.
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