Anyone know the Statute of limitations for Posesssion of Controlled Substance?

[Newatl8]

What is the name of your state? Pennsylvania

How is it determined? From date of arrest? new trial date? What if they put an arrest warrant out for you for not showing up for court if you live out of state and can't afford to get there? will they extradite if far away? Really would like some help, I'm scared and broke, first offense given ARD in pennsylvania , paid my fine moved out of state which I was allowed to do and approx. 10 months later got a DUI( no drug charge though and first DUI anywhere) and PA wants to retry the case and probably give me Probation, but I can't afford to get there and don't trust them to allow me to carry out my proabtion in the state I live in presently. This sucks and I wish they would leave me alone. Only had 2 months left and made a mistake but didn't kill or assault anyone or no new posession charge? Please anyone help.It is a misdemeanor posession charge or simple. It'll be 2 years in November form date of arrest for the posession? how much longer? Thanks

 

[FlyingRon]

Statute of limitations refers to the time between the (alleged) commission of the crime and the date prosecution commences. Prosecution commencing refers to the arrest and/or filing of charges. The statute is tolled (i.e. the clock is put on hold) when the person is out of the jurisdiction.

Once you're charged, there are speedy trial laws in many areas that insist that the prosecution just can't delay things (especially if you are in custody). THERE IS NO RULE THAT SAYS YOU CAN HIDE OUT AS A FUGITIVE AND HAVE THINGS GO AWAY. The cases are full of people being found out decades after they were initially charged.

You betcha if you don't show up for a criminal court date a warrant will be issued for your arrest.

You're not making things better by hiding. You have made big mistakes. The Commonwealth gave you a big break by letting you out of a conviction by your ARD probation. You are just making things worse by ignoring the procedings and blowing off the probation department. As you had realized it is quite common for the PA probation department to allow (if your state of residence allows) you to do your probation elsewhere ESPECIALLY when you are a resident of the other state to begin with.

 

[Newatl8]

ARD violation up in PA but live in Georgia

They've continued my case until the Dui budiness is settled here in Georgia. I've been a resident here for almsot a year and want to stay here. i'm scared because no money to get here, le talone the fines the'' give me, no one to help me finacially to pay the fines, if I do get proabtion will they let me carry it here in Georgia? Are you a lawyer FLying Ron? the way you answered the question i feel you are or know about these things. How can they ask me to go back up there? Can't they do telelconferencing or something? Sheesh, as I said I was charged with Posession, not intent to deliever or manyfacture but simple posession as they call it in most places. i made a mistake. Please this is not as major as other things, people molest children or kill their husbands and it seems they're given a break more than this BS. Georgia has to allow me permission to leave the state any way after the DUI conviction but the county I'm dealing with in PA tinks they're God due to the affluence and self-entitilment of the people involved up there, not to mention election year. i do want to do the right thing, but I feel they're over the top with this and these are first offenses' in both charges. Do i speak to someone her about Georgia allowing me to complete probation here. Do I have t pay two sepaerate fines' for this, one in PA the other in Georgia? I can't afford to drive up there adn it's illegal anyway without a license.Can't board a plane without Id, and i caontaced the Airport and they don't allow state issued Ids only licenses or passports. Passport takes 2 months, but the jerks up in PA act as if I have a teleportaion device and won't consider financial hardship. I'm not saying I was an angel but my god this is first offense misdemeanor ****, you would think they would go after more important matters instead of mine. Can legal aid help me? i'm serious I have no money at all, i don't even know how i'm going to pay for the DUI business. Just afraid I won't be able to carry out my punshment here and have to play two seperate fines if i do, I won't live in a halfaway house or any of that crap. I have LYme disease and live with elderly relatives' and it seems know one cares that I'm trying to get my life together. I need help. I know someone that was charged with something similar and they said 5 years later the charges are dropped, but not the arrest warrant but PA probably won't get me or extradite due to the fact this is a misdemenaor non-violent charge? Is this true? If it helps to know the counties' involved I will list them privately to anyone who has knowledge to give me with this situation. Thank you.

 

[outonbail]

Yada, Yada, Yada,,,

Damn, you're going to have to shorten your post if you want other members to reply. Cut out all the whining and poor me BS for starters. Next, there's no need to compare what anyone else got for their crime(s) or how serious they were compared to your situation because they have no bearing on your case.

Also, I don't know where you heard that airlines don't accept state issued ID, but I can assure you that you can use your state issued photo ID to get on a flight with no problem.

 

[Newatl8]

Yada yada yada

So can you give me legal advice instead or you're BS and yes it may sound as if i have a feel sorry for me attitude but I'm recovering from Lyme treatments, have MRSA,and no money because of treatments', help my relative's with daily chores' instead of rent, help another relative out with things, but we've had financial ups and downs like a lot of people and dont' appreciate you're holier thatn thou attitude man. Check yourself!!!I need legal advice, I can hold my own and have been doing that sick or not, but I'm scared and broke and what is so hard to understand about that! I called Atlanta hartsfield airport and they distinctly told me NO NON DRIVERS LICENSES!!!!! Only passports and Drivers Licenses. thas' what they told me, they sounded undeducated but they told me that in no uncertain terms and I went to college also so i can understand english . How is it legal for them to ask me to come back to PA i was already tried and convicted in the ARD program. Isn't this Double jeopardy? I've
got no money to go up there at all, and I need to know do i ask the Solictor or ADA here about my case and see if they can help me with teleconferencing or whatever. I've got more to ask and am open to constructive criticism only.I was arrested November 2006 for this, given ARD april 2007, nojail whatsoever, major fine paid ittold i can go wherever and bye. made a mistake got a DUI(which i'm fighting tooth and nail,the cop had me blow into the Intoxylizer like 60 times made fun of me called me a gayslang term,etc.etc. et al) SO I need legal advice because a cerain wealthy eastern PA county wants my ass to show up even the court administrator there who gives free legal advice told me he wouldn't retry the case since it's been 10 months,but alas he's not the ADA. Was told it's up to the Judge there to give me Probation served in another state and my current state or county or both to accept it. I don't trust any of tem. Shakespeare had few things to say about lawyers and I agree...But alas I need legal help. Thank You.

 

[schmiddy]

Newatl8:

I am not a lawyer, unfortunately. But I advise you to go to PA to make your court date -- how much time do you have? Missing your court appearance is a very, very bad idea. At the very least try to call the court and see if you can reschedule for a little later or something like that.

If it helps, I am just about positive that you *don't* need a valid driver's license to board a flight. See this Yahoo! Answers thread on the subject:

http://answers.yahoo.com/question/index?qid=20070914115954AA1Cvqk

I know you don't' have any cash, but try to find a pro-bono lawyer either in your area or just on the phone to give you some advice. I'm not from your area, but for example, Harvard Law School (and probably many other law schools.. check your area) have free help for poor people. Example:
http://law.harvard.edu/students/orgs/hlab/need.php Another idea, see if you can call for a "free consultation" to any lawyers who might give you brief advice over the phone.

Good luck.. just keep calm and get to your court date somehow.

 

[Newatl8]

Court Date

Well yes of course I've had it continued till the end of May and Since I'm fighting the DUI here I'll probably get a court date in June and have PA continue it again till after my court date here. that's no a big deal I hope, but they're not very undersatnding when it comes to finances' and well yeah I want to dot the probation, dont' get me wrong, i want this over with, but I simply don't know how. i can't drive, illegal without a license,and I simply cannot afford a plane ticket, nor can anyone inmy family since my relatives are retired on Socialsecurity, my other relative has three kids and ajob, no extra money and I'm sicka and spend all my money on Lyme treaments and my recurring MRSA infections. This is no joke. I would do teleconfernecing or videoconferencing, but the county up in PA doesn't seem willing to do that. Maybe I should just get sicker and got to the hospital and check myself in apsychiatric ward or off myself. I'm so distraught over this, bad enough the ARD fine was big which i paid, made a mistake 10 months later here gettig the DUI sure, but again no drug charge and dont' wanna sound whiny or poor me but you'd think they give me a break since they let me move away, not a violent risk, and it was 10 months in the ARD(nonreportable probation). The lawyer who offers free advice to people who even works in the DA's office there said he would overlook it since that county has more important matters, But alas they're not. I need a lawyer to help me but can't even afford to feed myself since being ill. i might have to take my chances or say bye.Thanks... Does anyone know if they take you're license away and you're given proabtion to not drink or do drugs at the end of it when you get your licenseback will Georgia check if I have any outstanding warrants for out of state which is what will proably happen(Pennsylvania) or do just the cops check that when you get pulled over for anything? basically with the Georgia DMV check when giving back my license after I fufill my DUI stuff? Please I'm begging for any legal help here. Thank you

 

[SF439]

If you get pulled over it will be in the system that you have a warrant. It's best that you turn yourself in to local authorities and get a court appointed attorney. They may send you back to the state that issued the warrant or change your probation adding more time, etc. It really depends. But I wouldn't run or hide, it'll make things far worse for you when you can get it cleared up now before it does get worse.

 

[Newatl8]

Thanks SF for the info , but I need to know will the Georgia DMV find out(if I get a arrest warrant up in PA when GA reissues my license after the DUI stuff is all done? I'm fully aware if i get pulled over and there's a arrest warrant anywhere they'll find it, but does anyone think they'll extradite me to PA for a misemaenaor first time Posession charge? I was on ARD and did pay all my fines', chould I tell my public defender for my DUi about this? He's a Georgia attorney though he may not even help me. The local ADA of solicitorwahtever you call them may help me more? If they add probation to it andI can take care of all of it here that would be great. I'm not trying to avoid this at all, sooner it's done the better but just can't afford to get to PA at all. Ifanyone knows Georgia and PA laws that'd be great. Thank you.

 

[FlyingRon]

The problem is even if they don't extradite you, you'll keep getting picked up again and again because the warrant doesn't go away just because PA is too cheap to come and get you.

However, I've seen PA DA office investigators (essentially police detectives) come down as far as Virginia to retrieve misdemeanor violators. Some enjoy the road trip it seems.

By the way, the one thing you should have done is pay your fees/fines. The quickest way to get ignored by a PA probation office is to not have any money outstanding.

 

[Newatl8]

Paid all fines in PA(bucks)

I paid all the fees of the ARD. I thought I posted that. They told me I was good and able to move anywhere I want after I paid, and they did it with a smile. I'm now trying to get a Continuance from the County(bucks) because my trial here isn't done yet and they want me up there next week. They gave me one before, bu the court appointement for the DUI resulted into whether I wanted a lawyer or not(Georgia) . I've got agood lawyer who works with the Public defenders office on the side he's one of the best for DUI's here in Cobb co. Now i can't leave the state of Georgia cause of bond. I hope Bucks doesn't give me a hard time getting one, my lawyer will be going to court tomorrow to file a motion to have my DUI to another judge(he doesnt' like her) he probaly will get it , but by the time he gets a new judge and trial date it may be after the time for My PA apperaance. I have to fax PA the Court date and they hopefully will continue. If I'm found not guilty of the DUI I would hope the DA up in PA will drop these charges against me cause they're going after me for the Posession charges cause i got pulled over for DUi here in Georgia wich wa a ARD violation. I think they should go after other people but alas I have to wait. Any advice, I dont'want an arrest warrant because i can't get the trial date in time to fax to PA. I only have till next wednesday(21st) Do you think i'll get the continuance and if i don't isn't that basically predjucial to my DUI trial case that will be brought up in court here and basically sabotage my case? I hope they dont' give me a problem. I have to got the hospial soon anyway my lyme is fatigueing me and I recently got non-communal MRSA cause of this stress and lower immune system. Please anyone ofer advice if you know anythingabout BUCKS, PA court or anyone working for it?