questions & answers

Question: is there a statue of limitations on getting pulled over for expired vehicle registration and having illegal drugs on you in phoenix az. I went to a task program for 6 months and the case was dismissed. My job is trying to firing for a code of conduct violation on this from 9 years ago, its like they are fishing.

Answer: Arizona Revised Statute 13-107 sets out the time limitations. A. A prosecution for any homicide, any conspiracy to commit homicide that results in the death of a person, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time. B. Except as otherwise provided in this section and section 28-672, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs: 1. For a class 2 through a class 6 felony, seven years. 2. For a misdemeanor, one year. 3. For a petty offense, six months. C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed. D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state. E. The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown. F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor. G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal. With that said...if your case does NOT fit into subsection A (which states there is no limitation), the longest time frame is 7 years. If your case was dismissed, the only record would be for the arrest. If you were convicted and completed all court imposed punishments (which is sounds like you did), you may apply to have your judgement "set aside." The information for having your judgement set aside can be found in Arizona Revised Statute 13-907. Here is a link... http://www.azleg.state.az.us/ars/13/00907.htm