charged at 19 now 21 appearing in court (MIC)

[ict]

KANSAS

ok so on the 4th day of september 2010 I was arrested and charged with my first ever and only offense that being Minor in consumption. The court date was set for me to go in on december 6th 2010. So i show up to court and suddenly the judge decides to get up and leave. Someone at the court has everyone that was scheduled that day sign a paper stating they were there that day and says to wait for something in the mail that will let me know what is going on with my case. So now fast forward to April 23 2012 I am now 21 years old and I just got served court papers stating i need to attend on the 8th of may 2012. Can I even get in trouble for this anymore considering I am now 21 and I can no longer even break the law Im being charged with anymore. Also I Refused being drunk the whole time I was in custody and never took a breathalizer. PLEASE HELP! I really think i have a solid case here. let me know what you think.

 

[sandyclaus]

KANSAS

ok so on the 4th day of september 2010 I was arrested and charged with my first ever and only offense that being Minor in consumption. The court date was set for me to go in on december 6th 2010. So i show up to court and suddenly the judge decides to get up and leave. Someone at the court has everyone that was scheduled that day sign a paper stating they were there that day and says to wait for something in the mail that will let me know what is going on with my case. So now fast forward to April 23 2012 I am now 21 years old and I just got served court papers stating i need to attend on the 8th of may 2012. Can I even get in trouble for this anymore considering I am now 21 and I can no longer even break the law Im being charged with anymore. Also I Refused being drunk the whole time I was in custody and never took a breathalizer. PLEASE HELP! I really think i have a solid case here. let me know what you think.

You were charged with the crime when you were a minor, so the law will apply to you at the age you were when you committed the offense, and not based upon your age NOW.

Also, you don't need to be drunk, nor have a breathalyzer test performed in order to be convicted of MIC. You were underage and in possession of alcohol. Whether or not you were legally drunk makes absolutely no difference. As a minor, you broke the law simply by POSSESSING the alcoholic beverage.

I suggest you contact an attorney NOW to discuss your defense.

 

[Ohiogal]

Move immediately to have it dismissed for violating your right to a speedy trial.

 

[LdiJ]

Move immediately to have it dismissed for violating your right to a speedy trial.

Yeap, 19 months is NOT speedy.

 

[FlyingRon]

It's 180 days from the arraignment in Kansas unless waived (and a Kansas Supreme Court decision says that the waiver has to be explicit, that is just not protesting the postponement doesn't count as waiving the time).

The issue here is whether arraignment has occurred that would start that clock. If not, you may be within the two year limitation on Kansas misdemeanor prosecution.

I'd strongly recommend you talk to an attorney.

 

[ict]

thanks.

Thank you for the advice! I'm going to try to get in touch with one tomorrow.