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  1. #1
    chakori is offline Junior Member
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    Apr 2007
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    How long does the prosecution have before they have to charge me?

    What is the name of your state? Ohio

    I was spending the night at my boyfriends house when a search warrant for drug trafficking was served. The police took all of us in the house at the time (me, my boyfriend, and his roommate) to jail while they searched the house. They didn't find anything other than straws and razor blades with residue on them. No usable amount was found. They siezed my computer, cell phone, ipod, video camera, and a lot of other items that have nothing to do with drugs. We were left to sit in the city jail for 5 days before we were finally charged with possession of cocaine. After I bailed out, I requested a preliminary hearing where the prosecutors decided to "nolle" the case in favor of sending it to the grand jury downtown (common pleas court) for indictment. So it was basically dismissed at the municipal court. The prosecutors downtown still have not put the case in front of the grand jury. How long do they have to do this? What is the statute of limitations?What is the name of your state?
  2. #2
    GatorLaw is offline Member
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    Depends on what they charge you with. The statute is linked and displayed below:

    [url]http://codes.ohio.gov/orc/2901.13[/url]

    2901.13 Statute of limitations for criminal offenses.

    (A)(1) Except as provided in division (A)(2) or (3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:

    (a) For a felony, six years;

    (b) For a misdemeanor other than a minor misdemeanor, two years;

    (c) For a minor misdemeanor, six months.

    (2) There is no period of limitation for the prosecution of a violation of section 2903.01 or 2903.02 of the Revised Code.

    (3) Except as otherwise provided in divisions (B) to (H) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within twenty years after the offense is committed:

    (a) A violation of section 2903.03, 2903.04, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a violation of section 2903.11 or 2903.12 of the Revised Code if the victim is a peace officer, a violation of section 2903.13 of the Revised Code that is a felony, or a violation of former section 2907.12 of the Revised Code;

    (b) A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (A)(3)(a) of this section.

    (B) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by an aggrieved person, or by the aggrieved person’s legal representative who is not a party to the offense.

    (C) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for an offense involving misconduct in office by a public servant as defined in section 2921.01 of the Revised Code, at any time while the accused remains a public servant, or within two years thereafter.

    (D) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused’s accountability for it terminates, whichever occurs first.

    (E) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process, unless reasonable diligence is exercised to execute the same.

    (F) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

    (G) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this state or concealed the accused’s identity or whereabouts is prima-facie evidence of the accused’s purpose to avoid prosecution.

    (H) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this state, even though the indictment, information, or process which commenced the prosecution is quashed or the proceedings thereon are set aside or reversed on appeal.

    (I) The period of limitation for a violation of any provision of Title XXIX of the Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age shall not begin to run until either of the following occurs:

    (1) The victim of the offense reaches the age of majority.

    (2) A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.

    (J) As used in this section, “peace officer” has the same meaning as in section 2935.01 of the Revised Code.

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