QUESTION
Can I still be sentenced for a possession with intenet charge that happened 15 years ago?
Asked on Jul 27th, 2012 on Criminal Law - South Carolina
More details to this question:
I'm trying to resolve this matter and get it down to a simple possessin. Seeing that it has been so long and I did call the court to get this taken care of. And it ws just marijuana. Oh this happened in NC and I currently live in FL. I have had two court dates already and at the last one I was on the dockett but they never called me up before the judge. After sitting there all day they just called me to the site and gave me another court date. Is there any rules of laws that has to do with too much time has passed to really punish me for this? And by the way this was and still til this day my only offense.
13 ANSWERS
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Since it happened in NC and you now live in FL, why would you ask a MA lawyer.
Answered on Jul 11th, 2013 at 1:00 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes, hire an attorney.
Answered on May 28th, 2013 at 11:49 PM
You should consult with an attorney who practices law in North Carolina where the offense was committed. If a person fails to appear for an offense, the original charge is always in place until the matter is resolved. It may be possible to negotiate the offense after surrendering on the warrant and the matter is scheduled in court. The passage of time may result in making it difficult to prove the charge.
Answered on Aug 20th, 2012 at 12:16 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If there is an active warrant for your arrest, that prevent the running of any applicable statute of limitations. You need to retain the services of an attorney.
Answered on Aug 19th, 2012 at 4:13 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Oh this happened in NC Oh, you need to contact NC attorneys, not CA.
Answered on Aug 18th, 2012 at 1:39 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You must contact a lawyer where the charge is pending. I only deal with California law.
Answered on Aug 18th, 2012 at 1:14 PM
Michael J. Breczinski
Get an attorney. That person may be able to make the case go away since it is so old.
Answered on Aug 18th, 2012 at 1:09 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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You posted this in the California section. It needs to be directed to an attorney in North Carolina.
Answered on Aug 18th, 2012 at 12:52 PM
You pled guilty OR were found guilty 15 years ago but never sentenced. Did you skip out.
Answered on Aug 18th, 2012 at 6:48 AM
Dennis P. Mikko
If charges were filed and you simply did not appear, they can proceed today with the case.
Answered on Aug 17th, 2012 at 9:27 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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I cannot imagine that they are still holding this. You are entitled to a speedy trial under Barker v. Wingo. You should file a motion to dismiss for lack of speedy trial and it should be granted.
Answered on Aug 17th, 2012 at 8:35 PM
Appellate Practice Attorney serving Columbia, SC
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Aiken and Hightower PA
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The Sixth Amendment to the U.S. Constitution guarantees your right to a speedy trial. You need to get a lawyer to make a motion to dismiss the charge on the grounds that the government has violated that right.
Answered on Aug 17th, 2012 at 8:33 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an attorney to help you with this matter. Once a case has been filed, the statute of limitations does not continue to run. You mention that they gave you another court date, but not that you appeared. One can only assume the circumstances and you need to be clear when speaking with an attorney.
Answered on Aug 17th, 2012 at 8:33 PM