In criminal procedures, prosecutors have a limited period of time to pursue accusations against a person. The legal term for this is the statute of limitations. If charges are not filed within the statute of limitations, they will be dismissed.
This statute protects Californians against unjust prosecution based on old evidence and witnesses whose memories may be flawed, as well as prohibits the government from threatening prosecution for minor infractions that occurred years ago.
If you’ve been charged with drug possession before or think you could be, a Rancho Cucamonga drug crime attorney says it’s critical to understand how the statute of limitations works, particularly when it comes to drug possession accusations. Importantly, the statute of limitations does not mean that the prosecution must finish the case within a certain amount of time; rather, it means that they must arrest you and charge you with the crime within that time frame.
How is drug possession prosecuted?
Possession of a controlled substance is illegal in California and is normally prosecuted as a misdemeanor. In California, a misdemeanor crime is punishable by up to one year in prison, a fine, and court costs. If a felony carries the danger of incarceration, the statute of limitations is three years. This means that, according to the law, the prosecution must begin within three years of the offense being committed.
As long as you are in California, the statute of limitations is in effect. If you leave the state and then return, the statute of limitations is tolled — or put on hold. As a result, the statute of limitations could be prolonged by up to 6 years. If you believe you might be charged with a drug crime and plan to leave the state, talk to a Rancho Cucamonga drug crime attorney first.
The majority of arrests take place right away
The majority of drug possession cases result in an arrest as soon as the drugs are discovered; after all, drugs are the type of evidence of a crime that can be readily disposed of, leaving authorities with no proof of a defendant’s guilt. As a result, the statute of limitations is rarely an issue in drug possession trials.
There are, however, occasions in which drug possession is a continuous felony, such as when a person holds narcotics for the purpose of selling them rather than for personal use. Authorities may choose to detain a suspect in such cases in order to build a case against a drug trafficking organization. In some cases, your drug defense lawyer can look through all of the details of your case to see if the statute of limitations has been violated.
You need a Rancho Cucamonga drug crime attorney experienced with statute of limitations issues
Statute of limitations issues can be tricky in drug possession and other California criminal cases, and you’ll need the help of an experienced drug defense lawyer to figure out if you have a defense to criminal charges based on the statute of limitations.
Chambers Law Firm‘s team of experts will investigate every aspect of your case for possible defenses, including the statute of limitations. If you’ve been charged with drug possession or any other felony, call our office right now at 714-760-4088 to find out how our drug defense attorneys can help.
