I was arrested for felony drug possession with intent to sell. How long can this be pending because they still have not actually charged me with a crime?
If you were arrested, you were charged. You have to be indicted within the statute of limitations. (If you were not on bond and not indicted within 90 days, then you would be entitled to a personal bond.) Talk with your lawyer about strategy. It may be best to lay low.
How long the prosecutor has to file charges depends on what the offense is classified as. The statute of limitations pursuant to Missouri Statute 556.0036 is as follows: - Class A Felony? May be commenced at any time - Class B, C and D Felony? Must be commenced before 3 years - Class A, B and C Misdemeanor? Must be commenced before 1 year - Infractions? Must be commenced before 6 months.
Felonies have a 3 year statute of limitations at a minimum. So the answer is at least 3 years. I have seen Felony drug charges take 2-6 months to get to the charge and arrest warrant. Sometimes, the cops try to convince a person to become a confidential informant or do controlled buys of drugs. Sometimes, the cops try to get a different informant to buy from the person arrested initially. You need to get a lawyer on your side so that you know what to do next. My website has information about your right not to consent to a search and your right not to answer questions. Please be polite and know that you do not argue with police on the street, but in the courtroom with a lawyer.
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