Motion to Revoke Charges
 

Question:

Citizen accused is charged with misdemeanor Motion To Revoke (MTR) and felony Burglary.  MTR is a pending open case. Citizen accused was arrested. No bond is set on MTR. Citizen accused has never been arrested or indicted on burglary charge. Local database shows "new/unfiled" burglary from Nov. 2000. What argument can be used at an examining trial? What remedies does the citizen accused have? Is expunction available?

Answer:

I believe the burglary charge is barred by 5 yr limitations statute. Citizen accused is entitled to a bond on a misdemeanor MTR. A Motion to Set Bond should be filed.  I would also appeal the writ ruling if bond still denied. I would also request a hearing on the merits of the MTR. Citizen accused is usually entitled to one within 20 days of the request.  If acquitted, expunction is available.