Legal Question in Criminal Law in Missouri

Statue of Limitations

If a person received a S.I.S of 7 years, but on probation for 5, of which they've completed 3 1/2 years for posession of 7 zanex pills. If this probationer left the state, fearing incarceration, is there a statue of limitation on their absconding...such as after 10 years, or 7 years they could not be jailed for this because of a limitation law, or say if they were picked up 25 years from now,they could still be incarcerated for that crime? Any information would be greatly appreciated in the simplest form.

Thank You,


Asked on 7/26/04, 7:03 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Statue of Limitations

Your facts are a bit confusing. A person could not get a seven year SIS and five years probation. You either got an SIS ("suspended imposition of sentence" - meaning that the Judge never sentenced you to any time) and were then placed on probation for five years; or, you were sentenced to seven years, received an SES ("suspended execution of sentence" - meaning you would not have to go to prison so long as you were sucessful on probation), and were placed on probation for five years. In either event, leaving the State to avoid incarceration is almost always a bad idea. My understanding is that your leaving the state would "toll" (stop the running of) any applicable statute of limitations, so that the authorities could prosecute you no matter how long you stayed away. Plus, if there was a warrant entered in the system here in Missouri, and you were ever picked up for anything, or involved in a traffic stop, or an accident, or got behind in child support or any number of other things, you might be brought back here to face the music. Do the right thing now, and deal with whatever legal problems you have. They may not be as bad as you think. Feel free to give me a call for a free telphone consultation at 314-727-2822, and I will try to help you if I can.

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Answered on 7/26/04, 1:29 pm


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