What constitutes “absent from the state” regarding the calculation of the statute of limitations?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes “absent from the state” regarding the calculation of the statute of limitations?
Missouri criminal statute of limitations section 556.036. The statute says that “the period of limitations does not run: During anytime the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.” Example: The accused lives in Missouri and resides in Missouri but works in Kansas for 8 hours a day. And after work everyday they come back home to Missouri. Would Missouri courts considered the accused “absent from the state” of Missouri when they are in Kansas working?
Asked on November 19, 2010 under Criminal Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Hummm. That is an interesting question. I think that the issue may be if the accused is actually hiding or "concealing himself from Justice either within or without this state." How the cases interpret it will matter here so the best party to ask this question of is an attorney in your area. I get the feeling, though, that just working outside the state may not be what the statute actually means when it states "absent from the state," and especially if you still have an address within the state to which you come home every night. Get some help with the whole matter, though, ok? Living in fear is never fun. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.