Class C Misdemeanor Statute of Limitations

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Latest post Fri, Apr 9 2010 10:49 PM by I Will Survive. 7 replies.
  • Thu, Apr 8 2010 6:49 PM

    Class C Misdemeanor Statute of Limitations

    Statute of limitations is 1 year for a Class C misdemeanor in Missouri.  However, if the violation was not discovered in time to file within the 1 year time period, is the statute of limitations extended, or are you out of luck?  I found some general statements about discovery extending the statute of limitations, but I cannot find it in statutes, and I am getting confused.  Thanks.

  • Fri, Apr 9 2010 10:47 AM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,797

    Re: Class C Misdemeanor Statute of Limitations

    No attorneys from that state on the boards.  Crimes that are secret by their nature, like thefts, may have an SOL that runs from discovery of the event.

    I could not quickly locates criminal SOLs in the state code.

  • Fri, Apr 9 2010 2:48 PM In reply to

    Re: Class C Misdemeanor Statute of Limitations

    Thank you for checking.  I could not find anything either, and it was getting late, my eyes were crossing, and I was getting confused.  I appreciate your effort.

  • Fri, Apr 9 2010 3:06 PM In reply to

    Re: Class C Misdemeanor Statute of Limitations

    I Will Survive:
    Statute of limitations is 1 year for a Class C misdemeanor in Missouri. However, if the violation was not discovered in time to file within the 1 year time period, is the statute of limitations extended, or are you out of luck? I found some general statements about discovery extending the statute of limitations, but I cannot find it in statutes, and I am getting confused.

    I took a quick look at MO statutes and it seems like the statutes of limitations are specific to the offense and not the level of the crime.

    You'll have to say what the offense was.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Apr 9 2010 3:09 PM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 49,657

    Re: Class C Misdemeanor Statute of Limitations

    Odds are discovery or notice of the event begins the clock down time--but you really need state specific input....as a practical matter if the event is stale the local law enforcement may elect to no go forward even if the SOL has not formally clocked out.

     

    And if a reasonable person should have seen event long ago your blindness may not serve one well?

     

    Might help if we had a reasonable clue as to the event in question and how old it was....



  • Fri, Apr 9 2010 3:40 PM In reply to

    Re: Class C Misdemeanor Statute of Limitations

    Hello, Adjuster Jack!  Thanks for checking for me.  Where did you find that statute?  The offense was an auctioneer conducting a public auction without a license.  This was only discovered recently. 

  • Fri, Apr 9 2010 6:54 PM In reply to

    Re: Class C Misdemeanor Statute of Limitations

    I Will Survive:
    Hello, Adjuster Jack! Thanks for checking for me. Where did you find that statute? The offense was an auctioneer conducting a public auction without a license. This was only discovered recently.

    I look in the criminal statutes and SOLs were listed for particular crimes or group of crimes.

    Now that you've revealed the nature of this heinous crime I looked again and did not find it listed in the criminal code that starts with Chapter 540:

    http://www.moga.mo.gov...

    So my next stop was the licensing statute:

    http://www.moga.mo.gov...

    Which indicates that conducting a public auction without a license is a class C misdemeanor.

    What typically happens when a licensing infraction is a criminal offense by virtue of the licensing statute it's up to the licensing agency to prosecute the offender.

    In this case the licensing agency is the County Commissioner.

    My suggestion: Call up your county commissioner's office and report it. Then it's up to them to take action or not. Looks to me like that's all you can do.

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Apr 9 2010 10:49 PM In reply to

    Re: Class C Misdemeanor Statute of Limitations

    I think you're right on this also.  When I called the county clerk who issues these licenses, the lady I spoke with said that she knows sometimes people don't get these licenses and nothing is ever done about it.  I also wrote the prosecuting attorney, but the statute of limitations had passed, even though I had only found out recently that auctioneer wasn't licensed.  The penalty he would have had to pay would have been between $20 and $500, and not being able to call an auction for a year.  Who knows--the penalty imposed may have only been $20, but not being able to call an auction would have hurt him since that is his business.  This is the same auctioneer who called an auction where all of my ex's things were sold and my son got nothing.  My ex had Army awards, his college diplomas, class rings, and sentimental things like that.  He wanted our son to have his guns (he got marksmanship awards in the Army), and guess who ended up with his guns?  The trustee and the auctioneer.  Oh well--I believe there is always the possibility of a civil action.  Thanks again for helping me out here.

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