QUESTION
What is the statute of limitations on possession of a controlled substance?
Asked on Sep 02nd, 2011 on Criminal Law - New York
More details to this question:
What is the statute of limitations on a charge for a controlled substance and is a dangerous substance the same thing? What is the statue of limitation for an outstanding warrant.
15 ANSWERS
Michael J. Breczinski
It depends on the exact charge and what the statute of limitations is. Warrants usually don't expire.
Answered on Sep 05th, 2011 at 8:37 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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6 years for a controlled substance. A controlled substance and dangerous substance are the same thing. There is no statute of limitations for an outstanding warrant.
Answered on Sep 05th, 2011 at 8:06 PM
If it's a felony it will be three years in state court and five in federal court.
Answered on Sep 03rd, 2011 at 8:25 PM
Geoffrey MacLaren Yaryan
If a felony three years. If it is a misdemeanor then one year.
Answered on Sep 03rd, 2011 at 8:21 PM
The criminal statute of limitations is 6 years. There is no limit on an outstanding warrant.
Answered on Sep 03rd, 2011 at 6:59 PM
An outstanding warrant usually tolls the statute of limitations which is ordinarily six years.
Answered on Sep 02nd, 2011 at 8:46 PM
Roianne Houlton Conner
If a warrant is outstanding there is no statute of limitation for the service of the warrant.
Answered on Sep 02nd, 2011 at 8:22 PM
3 Awards
Felony drug possession should have an SOL of 3 years. Misdemeanor is 18 months. Different if conspiracy case. The filing of an affidavit of probable cause and the issuance of an arrest warrant is sufficient to satisfy the SOL. This means that if they get an arrest warrant for you, but do not arrest you, within the SOL, then SOL is no longer a viable issue for those charges. There is no SOL for an outstanding warrant. But, some warrants have geographic and time limits.
Answered on Sep 02nd, 2011 at 5:15 PM
3 Awards
Three years if its a felony, one year if its a misdemeanor and there may not be a limit on a warrant. It depends on the type and the circumstances.
Answered on Sep 02nd, 2011 at 4:54 PM
The statute of limitations for most drug offenses in California is 3 years. However, there is no statute of limitations for an outstanding warrant. You will need to retain an experienced criminal defense law firm to attempt to have the warrant recalled.
Answered on Sep 02nd, 2011 at 4:05 PM
Gary Moore
The statute of limitations for the FILING of a complaint for possession of a controlled dangerous substance is either one year or five years, depending on whether the offense is a disorderly persons offense or a third degree crime. Since a warrant issues because a defendant choses to be absent and not appear in court there is no statute of limitations upon the execution of same on a defendant. You need to hire an attorney for your problem. It can probably be cleared up easily and then you will be able to sleep at night.
Answered on Sep 02nd, 2011 at 2:29 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The statute of limitations is six years meaning that the prosecutor has six years from the date the incident occured to file charges against you. As long as a warrant was correctly done and valid, it will remain outstanding until the matter is cleared up. It just doesn't go away. If you have an outstanding warrant seek legal counsel from an experienced criminal defense attorney in your area on how to ge the matter taken care of. If you don't, you run the risk of getting pulled over by the police and taken to jail.
Answered on Sep 02nd, 2011 at 2:27 PM
If the crime is charged as a felony the statute of limitations is three years. If charged as a misdemeanor it would be one year. The warrant has no statute of limitations. If you are charged with the crimes listed the statute of limitations stopped and you can be arrested and brought to court any time a cop stops you.
Answered on Sep 02nd, 2011 at 2:26 PM
Personal Injury Litigation Attorney serving El Cajon, CA
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The Law Offices of Dan Bacal
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In California, the statute of limitations for most felonies, which would include possession of a controlled substance, is three years.
Answered on Sep 02nd, 2011 at 2:04 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The Statutes of Limitations in criminal cases are: No time limit for Class A felonies; Five years for other felonies; Two years for misdemeanors; and one year for violations and traffic infractions. There is no time limit for a warrant.
Answered on Sep 02nd, 2011 at 2:04 PM