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statute of limitationsUnited States · Mississippi (Statewide)Difficulty: Easy

2-Year Limitation on Misdemeanor Prosecution

Mississippi Code §99-1-7 sets the limitations period for misdemeanor prosecutions at two (2) years from the date of the offense. Parking violations under municipal ordinance are misdemeanor-equivalent. If the city did not commence prosecution within 24 months of the citation date, the action is time-barred. Cities sometimes attempt collection through registration holds or referral to collections after the 2-year window; the underlying prosecution remains barred.

Legal basis

Mississippi Code §99-1-7; §21-13-19 (municipal ordinance enforcement)

Sample appeal wording

MOTION TO DISMISS — STATUTE OF LIMITATIONS The citation issued [DATE] was not prosecuted within 24 months as required by Miss. Code §99-1-7. Prosecution was commenced [DATE], more than 2 years after the offense. Dismissal with prejudice is required. Any registration holds must be released. [NAME, DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Mississippi Code §99-1-7
  • Mississippi Code §21-13-19

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