Prosecutors have a limited amount of time to pursue accusations against a person in criminal proceedings. The statute of limitations is the legal term for this. Charges cannot be made at all if they are not submitted within the statute of limitations.
This law protects Californians against unjust prosecution based on old evidence and witnesses whose recollections may be faulty, and it bans the government from threatening prosecution for old, minor offenses.
If you have previously been charged with drug possession or fear you may be charged with this offense, a drug defense lawyer says it is essential to understand how the statute of limitations works, especially when it comes to drug possession charges. Importantly, the statute of limitations does not imply that the prosecution must complete the case within a specific time range; rather, it only implies that they must arrest you and charge you with the offense within that time frame.
How drug possession is charged
Possession of a restricted drug is a crime in California, and it is usually prosecuted as a misdemeanor. A misdemeanor crime in California carries a punishment of up to one year in prison and/or a fine, plus court expenses.
If a felony entails the risk of incarceration, it has a three-year statute of limitations. This means that the prosecution must commence within three years of the offense being committed, according to the law. The statute of limitations is in effect as long as you are in the state of California. The statute of limitations is tolled — or put on hold — if you leave the state and then return. The statute of limitations might be extended by up to 6 years as a result of this.
Most arrests occur right away
Most drug possession cases result in an arrest as soon as the drugs are discovered; after all, drugs are the sort of evidence of a crime that can be easily disposed of, leaving the authorities with no proof of a defendant’s guilt. As a result, in most drug possession cases, the statute of limitations does not become a problem.
There are, however, circumstances in which drug possession is a continuing crime, such as when a person does not just possess narcotics for personal use, but holds them with the purpose to sell them. In such instances, the authorities may choose to detain a suspect in order to develop a case against a drug trafficking ring. In certain situations, your drug defense attorney can examine all of the circumstances of your case to see if the statute of limitations has been broken.
In drug possession and other California criminal matters, statute of limitations problems may be difficult, and you’ll need the advice of a competent drug defense lawyer to figure out if you have a defense to criminal charges based on the statute of limitations.
Our team of specialists at Chambers Law Firm will look into every element of your case for possible defenses, including the statute of limitations. If you have been charged with drug possession or any other crime, contact our office immediately at 714-760-4088 to discover how our drug defense lawyers can assist you.
