California
I was charged last year with a felony for business practices for the years 1995 thru 2000. The code has a 3 year statue of limitations. I brought the issue up to my counsel. He said he will raise the issue at trial. Unfortunately he was disbarred. I brought the issue up to my new counsel. He said he will look in to it. Though he believes it's a defense issue used during the trial. I read that if the s.o.l. has expired, the court no longer has jurisdiction on the matter and the case must be dropped. Shouldn't this be a pre trial motion to save time?
What do the experts think?
I was charged last year with a felony for business practices for the years 1995 thru 2000. The code has a 3 year statue of limitations. I brought the issue up to my counsel. He said he will raise the issue at trial. Unfortunately he was disbarred. I brought the issue up to my new counsel. He said he will look in to it. Though he believes it's a defense issue used during the trial. I read that if the s.o.l. has expired, the court no longer has jurisdiction on the matter and the case must be dropped. Shouldn't this be a pre trial motion to save time?
What do the experts think?