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Advice on running from drug charge.

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L

Locu

Guest
What is the name of your state? California

As silly as it may sound, I am asking this question to help a friend who has run from the law. The situation is as follows:

He was busted for manufacturing and I believe intent to distribute Marijuana. He was released shortly thereafter and a trial date was set. Upon pre-trial court appearances one of the officers who did the arrest was blatently lying to improve the states case.

While a judge or jury will likely choose an officer testimony (even if it is false) over a previous offender, my friend decided at this point to split. He wrote a letter to his attorney stating that he felt there was no way to win his case if the officers were going to lie and he left the country.

It is now almost 7 years later. Is there anywhere I can look or does anyone have any knowledge if there is a possible statute of limitations or anything related to this. The case never even reached trial.

I truly appreciate any advice received.

Any other recommended options I can suggest?
 


C

confused1111

Guest
hehe, I can't wait to see what people crack about this.
 

I AM ALWAYS LIABLE

Senior Member
Locu said:
What is the name of your state? California

As silly as it may sound, I am asking this question to help a friend who has run from the law. The situation is as follows:

He was busted for manufacturing and I believe intent to distribute Marijuana. He was released shortly thereafter and a trial date was set. Upon pre-trial court appearances one of the officers who did the arrest was blatently lying to improve the states case.

While a judge or jury will likely choose an officer testimony (even if it is false) over a previous offender, my friend decided at this point to split. He wrote a letter to his attorney stating that he felt there was no way to win his case if the officers were going to lie and he left the country.

It is now almost 7 years later. Is there anywhere I can look or does anyone have any knowledge if there is a possible statute of limitations or anything related to this. The case never even reached trial.

I truly appreciate any advice received.

Any other recommended options I can suggest?


My response:

Incredible - - you're actually asking a question!

In all jurisdictions, the Statute of Limitations is tolled while a defendant is out of the jurisdiction.

Just take Roman Polanski as an example. If he sets foot in the United States, it's off to Alcatraz for him!

IAAL
 
L

Locu

Guest
re: confused1111.. i was a little worried myself. ;)

regarding the statute of limitations.. what if the person was in the state the entire time? would the statute of limitations tick away then?

what other resources should I be looking for?
 

I AM ALWAYS LIABLE

Senior Member
Locu said:
re: confused1111.. i was a little worried myself. ;)

regarding the statute of limitations.. what if the person was in the state the entire time? would the statute of limitations tick away then?

what other resources should I be looking for?

============================


My response:

Locu, I need you to focus, and not change the facts.

First, you said, ". . . and he left the country."

Now, you're saying, ". . . what if the person was in the state the entire time?"

If your scenario is real, then I want to help you. But, with the change in facts, I'm left to wonder whether this is nothing more than "legal masturbation." You can't have your "real" facts both ways. He's either here, or he's out of the country.

It doesn't matter - - jurisdiction is jurisdiction, whether it's merely leaving the "county" where the action is being tried, or leaving the "country" as a whole. If he's in neither place, the limitations period is "tolled" until he's brought back to, or voluntarily returns to, the originating jurisdiction.

This is done to discourage "flight" from justice.

IAAL
 
L

Locu

Guest
My apologies.. I did not mean to skew the facts.. My 2nd question was merely one of curiosity. The first post are the facts of the case.

I obviously am legally dumb when it comes to criminal law.. and just looking for a good place to go for resourceful information. I would like to know what would be the best course of action for this individual to do.. whether it be to just stay away (out of country), or to come back and attempt to deal with the legal situation. If dealing with it is an option, where to look for a good defense or loophole or other way around the situation.
 

I AM ALWAYS LIABLE

Senior Member
Locu said:
My apologies.. I did not mean to skew the facts.. My 2nd question was merely one of curiosity. The first post are the facts of the case.

I obviously am legally dumb when it comes to criminal law.. and just looking for a good place to go for resourceful information. I would like to know what would be the best course of action for this individual to do.. whether it be to just stay away (out of country), or to come back and attempt to deal with the legal situation. If dealing with it is an option, where to look for a good defense or loophole or other way around the situation.

My response:

If he truly wishes to return to the U.S., then he's going to have to "face the music" - - with the additional charge of "unlawful flight".

However, that doesn't mean that his old and new charges can't be mitigated or ameliorated. Help him to hire a local attorney to discuss this matter with the D.A. handling the case to see if a plea bargain in exchange for his voluntary return can be agreed to in writing.

However, he's not going to get off "scott free" - - and I would think that anyone in his position already knows that fact. There's going to be heavy expenses involved and some prison time.

Good luck - - he's going to need it.

IAAL
 
L

Locu

Guest
Actually.. here's another Q..


What if they return to another state? Say OR or WA.

Considering it is 7 years later, will there still be an open warrant or anything to if they got pulled over in a different state would they be shipped to CA for the charges they ran out on 7 years prior?

Would the warrant have expired? Or would the information be shared with the other states? I know states are communicating better these days than in the past, but any possibilities?
 

I AM ALWAYS LIABLE

Senior Member
Locu said:
Actually.. here's another Q..


What if they return to another state? Say OR or WA.

Considering it is 7 years later, will there still be an open warrant or anything to if they got pulled over in a different state would they be shipped to CA for the charges they ran out on 7 years prior?

Would the warrant have expired? Or would the information be shared with the other states? I know states are communicating better these days than in the past, but any possibilities?

My response:

Locu, sweetheart, boobie - - - you know I dig you. But, you've got to stop asking about the statute of limitations. It's tolled, and warrants don't expire, ever. Again, this is to discourage "flight from justice." Remember, I already told you - -

"It doesn't matter - - jurisdiction is jurisdiction, whether it's merely leaving the "county" where the action is being tried, or leaving the "country" as a whole. If he's in neither place, the limitations period is "tolled" until he's brought back to, or voluntarily returns to, the originating jurisdiction."

So, if he comes back to the U.S., to whichever State, and if he gets pulled over, the cop will run his information on the N.C.I.S. computer system, and arrest him and jail him. Then, the "interested" State will be informed and given the opportunity to have him extradited to the originating jurisdiction for trial.

Help him get an attorney to make a deal. Otherwise, tell him to get comfortable with his "new" country - - just like Roman Polanski has done.

IAAL
 
L

Locu

Guest
ok.. thanks.. you can see the lack of legal knowledge I have. I admit I'm a little "green" in the area of criminal law.

You mention an attorney is the best option to see if a deal can be met with the DA. For Northern CA.. unsure of the exact county (i'll have to ask).. any recommendations on resources for the best available when it comes to drug related cases?
 

I AM ALWAYS LIABLE

Senior Member
Locu said:
ok.. thanks.. you can see the lack of legal knowledge I have. I admit I'm a little "green" in the area of criminal law.

You mention an attorney is the best option to see if a deal can be met with the DA. For Northern CA.. unsure of the exact county (i'll have to ask).. any recommendations on resources for the best available when it comes to drug related cases?

My response:

Sorry. I practice in Los Angeles. So, you're going to have to crack open your Martindale-Hubbell (you know, it's that huge book that's as thick as the annotated Merriam-Webster dictionary) to find a good attorney.

But, I can tell you who NOT to contact - - don't contact FreeAdvice contributor, and Northern California idiot, "Calatty."

Good luck my friend.

IAAL
 

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