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    Speak Up! - View Question #23235


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    Question: I was charged with underage smoking, but didn't receive court notification until I turned 18. Will this cause the charges to be dropped?

    Answer:

    I'm not sure of your age at the time of the alleged offense and the date of the alleged offense so I can't calculate the applicable time period for the statute of limitations which would apply to the charging of the crime.

    What I can tell from the question is that unless the period from the date of the discovery of the offense by the Government to the point of actual charging of the offense is greater than the statute of limitations, a person who committed a crime as a minor, about to become an adult, can be charged when that person reaches adulthood (majority).

    Just reaching the age of eighteen doesn't make the allegation of an offense go away, it just changes the legal status of the accused from accused as a minor to accused as an adult. The statute of limitations is addressed under A.R.S. § 13-107.


    Comments
    1 thru 5 of 7 comments    [ 1 ]  2    
    On 12/22/08
    kriss from MA said:
    i think that is ridiculous for anyone to smoke! sooooooo dumbb !
    On 09/17/08
    Myles from TN said:
    i got caught with cigs and they gave me a citation an a court date do any of you know what would happen if i didnt show up to court? or even if i need my parents in court?
    On 09/04/08
    Taylor from TN said:
    in tennessee if you are caught smoking uderage then you get a citation and they take you cigs away! so i guess it's the same.
    On 09/03/08
    Dave S from OH said:
    Im 16 and i smoke is it illegal for me too smoke or buy because i am confused. Its my decision if i want to smoke and the law shouldnt tell me other wise.
    On 04/12/08
    Tiff from PA said:
    In my state (PA) it's illegal to be publically smoking. Just yesterday my friend and I were sitting on a curb smoking cigarettes and a cop pulled up, took away our cigarettes and called our parents. He told us a citation would be mailed but I have no idea when.. hm!
    1 thru 5 of 7 comments    [ 1 ]  2    



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