Arrest over 1 year old

[getnbigla69]

What is the name of your state? Louisiana

What are the statute of limitations on drug charges in the state of Louisiana? From what I recall there are 5 control substance categories. I got arrested for all 5. Eleven counts in all. Have not been formally charged though and the arrest was a year and 2 months ago.

 

[FlyingRon]

Statute of limitations doesn't really apply. That's from the time you commit the crime until they arrest you.

However, Louisiana has a speedy trial law that requires charges to be filed no later than 150 days after the arrest. If they do file charges after this point, your lawyer will make that argument.

 

[getnbigla69]

Thank you for that info.

 

[HomeGuru]

What is the name of your state? Louisiana

What are the statute of limitations on drug charges in the state of Louisiana? From what I recall there are 5 control substance categories. I got arrested for all 5. Eleven counts in all. Have not been formally charged though and the arrest was a year and 2 months ago.

**A: just be patient. You will be charged soon.

 

[getnbigla69]

Why do you say that guru?

 

[CavemanLawyer]

The statute of limitations is the time that the State has to file formal charges, not the time that they have to arrest. Here is the list of statute of limitations in Louisiana. It goes by level of offense. If these are felony offenses than they have at least 4 years to file charges.

http://www.legis.state.la.us/lss/lss.asp?doc=112622

The State could wait years and file just before the limitations period runs, but reasonably speaking if it's been a year without you hearing anything than someone's dropped the ball. Your paperwork could have fallen in a crack and that would only be to your advantage. Its also possible that the prosecutor declined to file any charges. If that happened than you should have gotten something in the mail, but we all know what happens to mail sometimes. You could contact the DA's office to inquire about the charges, but you might wake the sleeping giant. Just make sure that there isn't a warrant out for you.

FlyingRon, the speedy trial statute you are referring to doesn't work like that. Those limitations are on the time the State can take to file charges while the individual is being held in custody. If you don't file in time than the defendant just has to be released or granted bail. Such a speedy trial violation doesn't have any immediate implications on the charges themselves, and they can be proceeded on even if the state waits years to file, right up until the day before the statute of limitations runs.

http://www.legis.state.la.us/lss/lss.asp?doc=112708

(There are other speedy trial issues guaranteed under the US Constitution that can get a case thrown out after charges are brought, but that requires a great deal of time passing and a lack of diligence on the part of the State...that's another issue.)

 

[getnbigla69]

Thanks Caveman. Great info.

 

[smutlydog]

The statute of limitations is the time that the State has to file formal charges, not the time that they have to arrest. Here is the list of statute of limitations in Louisiana. It goes by level of offense. If these are felony offenses than they have at least 4 years to file charges.

http://www.legis.state.la.us/lss/lss.asp?doc=112622

The State could wait years and file just before the limitations period runs, but reasonably speaking if it's been a year without you hearing anything than someone's dropped the ball. Your paperwork could have fallen in a crack and that would only be to your advantage. Its also possible that the prosecutor declined to file any charges. If that happened than you should have gotten something in the mail, but we all know what happens to mail sometimes. You could contact the DA's office to inquire about the charges, but you might wake the sleeping giant. Just make sure that there isn't a warrant out for you.

FlyingRon, the speedy trial statute you are referring to doesn't work like that. Those limitations are on the time the State can take to file charges while the individual is being held in custody. If you don't file in time than the defendant just has to be released or granted bail. Such a speedy trial violation doesn't have any immediate implications on the charges themselves, and they can be proceeded on even if the state waits years to file, right up until the day before the statute of limitations runs.

http://www.legis.state.la.us/lss/lss.asp?doc=112708

(There are other speedy trial issues guaranteed under the US Constitution that can get a case thrown out after charges are brought, but that requires a great deal of time passing and a lack of diligence on the part of the State...that's another issue.)

Is it possible that the case was filed but the courts decided to wait before taking action? Could their have been a screwed up and he never received notice of these charges? I assume a warrant would exist if someone in the court system screwed up.

 

[CavemanLawyer]

Is it possible that the case was filed but the courts decided to wait before taking action? Could their have been a screwed up and he never received notice of these charges? I assume a warrant would exist if someone in the court system screwed up.

Yes that's possible. If someone bonds out than notices of charges and a court date are mailed to whatever address was provided by the defendant. Things get lost or sometimes never sent, but a court date would be set nonetheless and when he missed that court date a warrant should have issued...but sometimes that doesn't happen either. It is extremely easy for a case, especially a misdemeanor one, to just completely fall off the docket for years. But if the case is filed than the statute of limitations is no longer running.

Also the filed case would show up on a criminal history search so it should not be hard to determine whether the charges have been filed.