Prosecutors have three years to file charges in a drug possession case.
In criminal cases, prosectors have a certain period of time to file charges against a person. This is known as the statute of limitations. If the charges are not filed within the statute of limitations, then charges cannot be brought at all. This rule protects Californians from unfair prosecution, with old evidence and witnesses whose memories may not be accurate, and prevents the government from threatening prosecution on old, relatively minor crimes.
According to a Riverside drug defense lawyer, understanding how the statute of limitations works, particularly when it comes to drug possession cases, is critical if you have previously been charged in a drug possession case or if you believe that you could be charged with this crime. Importantly, the statute of limitations does not means that the prosecution has to bring the case to completion within a certain time frame; it only means that they must arrest you and charge you with the offense within the statute of limitations.
In California, possession of a controlled substance is a criminal offense, typically charged as a misdemeanor. The penalty for a misdemeanor offense under California law is up to one year in jail, and/or a fine, plus court costs. As a Riverside drug defense lawyer can tell you, if a crime carries a consequence of potential imprisonment, then it has a statute of limitations of 3 years. Under the law, this means that the prosecution of the crime must begin within 3 years of when the crime was committed. As long as you are within the state of California, the statute of limitations is running. If you leave the state, the statute of limitations is tolled — or paused — until you re-enter the state. This can extend the statue of limitations to up to 6 years.
In most drug possession cases, arrest comes immediately after drugs are discovered; after all, drugs are the type of evidence of a crime that can be quickly disposed of, and the police would then have no proof of a defendant’s guilt. For this reason, the statute of limitations does not typically become an issue in a drug possession case. However, there are situations where drug possession is an ongoing crime, such as cases where a person does not simply possess drugs for personal use, but perhaps holds them with intent to sell. In those cases, the police may wait to arrest a person in order to build a case against a drug trafficking network. In those cases, your Riverside drug defense lawyer can evaluate all of the facts of your case to determine if the statute of limitations has been implicated.
Statute of limitations issues in drug possession and other California criminal cases can be complicated, and requires the assistance of a skilled Riverside drug defense lawyer to help understand if there may be a possible defense to criminal charges based on the statute of limitations.
At the Chambers Law Firm, our team of professionals will examine every aspect of your case for potential defenses, including the statute of limitations. Contact our office today at 714-760-4088 or dchambers@clfca.com to learn how our Riverside drug defense lawyers can help you if you have been charged with drug possession or any other crime.
