After our client returned home from a deployment in Iraq, he was served with a warrant that was approximately four years old. Four years prior our client was caught smoking a joint in an empty parking lot. Althoug, he was not arrested, the case was referred to the State Attorney. He was then charged with Possession of Marijuana and Possession of paraphernalia. No warrant was served at the time. While on military leave status the warrant was served. The State offered Diversion, but the client was unable to participate because of his military obligations.
RESULT: The State sought to convict him and put him on probation, with no consideration of resolve without conviction. Immediately we filed a motion to dismiss due to a violation of the Statute of Limitations with a courtesy copy of the case and case law sent to the judge. We were contacted by the judge to schedule the motion for the very next business day. The State gave no argument defending the delay of serving the warrant. DISMISSED!