QUESTION
How long does a police officer have to submit evidence for a prosecutors review to see if charges are to be filed?
Asked on Oct 17th, 2012 on Criminal Law - New Jersey
More details to this question:
A police officer has had my items for around a month and half before he submitted them into evidence.
6 ANSWERS
No set rule. A month is certainly within legal limits.
Answered on Oct 18th, 2012 at 2:56 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There is no set time, but a month and a half is not long at all. The state has a number of years to file the criminal charges. The statute of limitations on 1st degree felonies is 4 years, and all other felonies 3 yrs. The SOL on 1st degree misdemeanors is 2 years.
Answered on Oct 18th, 2012 at 2:56 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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The statute of limitations depends on the crime charged (usually 1 year for misdemeanors, several years for felonies). It is typical for police to investigate a case for several months before submitted their evidence to the DA for filing of charges. Talk to an attorney about whether or not a prosecutorial delay could form the basis of a possible defense.
Answered on Oct 18th, 2012 at 2:55 PM
I guess they have up to the Statute of Limitations, six years for most felonies.
Answered on Oct 18th, 2012 at 2:55 PM
Michael J. Breczinski
There is no particular time limit but if it is years later that may be too much. Less than two months is nothing at all.
Answered on Oct 18th, 2012 at 2:55 PM
Gary Moore
His conduct could support dismissal motion.
Answered on Oct 18th, 2012 at 2:55 PM