The statute of limitations for most crimes in Mississippi is two years. Miss. Code Ann. § 99-1-5. This means that the prosecution must “commence” against you within two years after you allegedly committed the offense, or you can raise it as a defense, and the charges may be dismissed. The prosecution is “commenced” by either the issuance of a warrant, or by binding the defendant over, or by indictment or affidavit. An arrest also is interpreted to mean that the prosecution has commenced.
There are SO many exceptions to this law. First, the statute of limitations for conspiracy and falsely receiving aid from the government is five years. And each of the following crimes is exempt from any limitation at all, because they have been determined by the state of Mississippi to be “so serious and the implications to public safety so great that prosecution should not be barred merely by the passage of time”:
- murder
- manslaughter
- aggravated assault
- kidnapping
- arson
- burglary
- forgery
- counterfeiting
- robbery
- larceny
- rape
- embezzlement
- obtaining money or property under false pretenses or by fraud
- felonious abuse or battery of a child
- touching or handling a child for lustful purposes
- sexual battery of a child
- exploitation of children
Also, the statute is “tolled” (put on hold) where a person absconds or flees from justice or absents himself or herself from the state or jurisdiction or conducts himself or herself in such a way that he or she cannot be found by officers. In other words, the two years stops running if you disappear, and starts again when you are found. You can’t hide from it.
The law changes frequently, so it is best that you contact a criminal defense lawyer if you believe you have a statute of limitations issue with your case. Give me a call at 601-991-1099, or fill out my contact form at www.guthriefirm.com. I will help you if I can.
By Clarence T. "Gup" Guthrie III. Gup is a retired United States Marine artillery officer and J.A.G., and has been lead counsel in over 250 criminal and civil trials. He has defended hundreds of DUI cases. Gup believes that paying clients, or serious potential clients, should be able to contact their lawyer at all times, so he can be reached 24/7 by telephone at 601-991-1099, or emailed at clarence@guthriefirm.com.
Is there a statute of limitations on DUI in Mississippi? I have a friend who has had his continued for two years now. Please help.
DUI would fall under the general two-year statute of limitations. But just because the case has been continued for two years does not mean he’ll get it dismissed. It is going to depend on the court’s interpretation of what those continuances were for. If the defense requested most of them then there likely will be no relief. If all of the continuances were due to the State not being ready then his lawyer needs to be moving for a dismissal.
I received a letter from the Office if the District Attorney stating:
You have ignored all previos notices sent to you involving worthless checks in our office.
We are now preparing a warrant for your arrest. This warrant will be forwarded to the Harrison County Sheriffs Dept. You will be incarcerated and will have to obtain an attorney to defend you.
This is the last notice you will receive from this office!!!!!!
This is the exact verbage in the letter and the check that it was talking about was dated 5-10-02. This was over 9 years ago, I dont even remember ever writing the check or ever receiving a previous statement.
Is this past the statue of limitations and I now live in another state will that warrant cause me to get arrested and taken all the way back to MS.
Thank you for your question. If you’d like to discuss your specific situation please contact my office and set up a time we can talk.
I know that is not what you want to hear, but there is a method to the madness, and I am not able to shoot from the hip and answer point-blank questions about your legal situation. This is because I am not your attorney yet, and may not know all of the applicable facts. As the disclaimer says at the bottom of the page, this blog “merely offers a general understanding of the law. It is not designed to provide specific legal advice.”
I will be glad to help you if you will take the next step and call my office. That’s how it has to work.
Semper Fi,
A friend’s son was arrested and charged with the felony Burglary with the intent to commit a crime (nothing was stolen) a year ago Nov. 18, 2010. He has yet to be indicted on this charge and brought to court. According to what I read above there is not a statue of limitations on the offense of Burglary, what should the parent do?
I was pulled over on Interstate 55 outside of Ridgeland. During a search of the car roughly 28 grams of methamphetamine was found. I posted bail and was released. Talking to my court appointed attorney he said the prosecution was offering me 24 years. The actual charge is Possession between 10-30 grams. This seems a little excessive to me. Is this a typical sentence for this type of crime? Any info you could provide would be greatly appreciated.
I had a contractor paid to do work/repairs to our home. He did not finish the job, he stole some of the money, the work he did was not done properly, etc. etc. We are now having serious problems again. Our insurance will not pay again. Is it too late to file charges against him?
Mrs. Bea:
Your options are to sue him in civil court for damages, or to file criminal charges against him. Both of these courses of action have deadlines, and you should act promptly no matter how you decide to pursue it.
Good luck,
Thank you for visiting my blog.
The information provided on this blog is for information purposes only. Unfortunately I am unable to provide second opinions to persons who are already represented by counsel. Your best bet is to thoroughly discuss your case with your present attorney, and ensure that you know everything before making an informed decision.
Of course, you have a right to an attorney of your choosing. If you decide you need another lawyer on your case you can certainly give me a call to schedule an appointment.
Good luck,
Thank you for your question.
Have them call me to schedule an appointment. I will be glad to discuss the case with them.
Very respectfully,
I forgot to mention the main part. This contract started Sept ’07 and as of March ’08 he was still promising to finish the work. My husband made mistake to pay ahead of time in full. Have we passed the statue of limitations?
Thanks again, Mrs. Bea
My husband was just indicted for a felony today 11/3/11 after being aressted and in jail for a month on september 1st 2010 till october 10th 2011. how long do they have to present it to a grandjury and what is the S or L for felony child abuse??
is there a staute of limation for possession of scheduled substance in pascagoula mississippi
Yes.
Thank you for contacting my firm. I will be glad to help you with these questions if you will just contact my office for an appointment.
Very respectfully,
Is there a staute of limitaions. For shooting somebody in the leg.
Yes
My ex husband busted the window out of my truck with a golf club while I was sitting in the vehicle in May 2010. We were still married at the time and he talked me out of pressing charges against him. A couple of months after that we did get a divorce. However I called the police and they came to our house that night. I would like to press charges against him now if it’s not to late. Due to the fact that he continues to be hateful and disrespectful to me, and things continue to get worse.
You should discuss this with a prosecutor.
Is there a statute of limitations for warrants issued from missing court for a no insurance ticket?
Thank you for your question. If you would like to schedule an appointment to come see me about it please give us a call.