• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

drug laws perhaps limitations?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jayceisback

Junior Member
What is the name of your state?NJ

Okay here is a long question. I have a drug charge that dates back to 1997. They have never taken me to trial. My charges are employing a juvinile, distibution with in a schoolzone and intent to distribute. Now before everyone jumps down my throat and thinks I am a dealer let me explain the facts please. I moved into the place whre I was which was not mine because my mother kicked me outta the house (well technicallt her abusive x-bfriend) I lnew what my friends did and all but was never involved> the employing a juvanile was the dealers brother. How did I get hit with the offfenses? Is it because i resided at the house? And is there any statue of limitations here i mean 7 years. None of the weed was mine in the house I was there because I had no place to go. What do I do? Can anyone give me case laws that might help in this matter and what time am I facing if the prosecutor does not plea bargain with me? Thank your for your time

jayce
 


M

mxbeforespark

Guest
i would suggest hiring a good lawyer. if what your saying is true and you are not a dealer than there shouldnt be any evidence that would lead others to think you are.
 
Last edited by a moderator:

JETX

Senior Member
Clearly, something is either misunderstood or flat out incorrect.

Are you sure you were actually CHARGED with any crime?? If you were and you never went to trial, it is possible that they couldn't locate you and an FTA warrant was issued. If that is the case, then it is just a matter of time.

If you weren't charged, the Statute of Limitations has 'tolled' and you cannot be prosecuted for the alleged crimes.

I would suggest you contact the DA's office (from a payphone) and ask for the disposition of the charges.
 

calatty

Senior Member
If you were charged and they take 7 years to bring you to trial, you have a strong speedy trial violation claim.
 

jayceisback

Junior Member
i know about the speedy trial claim but

my lawyer said that we never pushed for the trial and he said the longer I waited the better. I have looked at the U.S. Constitution and it says that we are guarenteed the right to a speedy trial. The only problem is that no specific rules we set in stone. (like the amount of years it should take) I mean it makes no sense to myself that I got in trouble for something when I was a basically kid and now that I am going to be in my thirties soon. Are there any case laws that I can use in order to submit to the court that a wrong has been done. My case is the longest that any case has waited in the county. Also this is off the wall and all but I do have a pool lawyer and I feel that he is not doing anything that must assist mein this because everytime I said lets get this over with I got the "just wait" from him. If I have my lawyer recuse himself do I get assigned a new pool lawyer or do I get a pubic pretender (defender)? I know my questions seem long and drawn out but I do not wanna go to jail for something tthat I was never involved in.

Thank you,
Jayce
 

JETX

Senior Member
Have you even taken the time to contact the court or prosecution, or even your own lawyer, to ask the disposition of the case??
If not, why not??
And if you don't care enough to have done at least that, why should we continue to guess what the circumstances might really be.

Call them.... then let us know the FACTS!!
 

jayceisback

Junior Member
here are the facts

basically this is one of many charges that I have. They refuse to plea with me it seems because they wanted me to be a co-defendant in the case they had agaist my peers. When I refused that P!!!ed them off and now what it comes down to is that they feel that I should have no leanency in reguards to the matter. I was hoping that with the legth of stay that they would have to drop the charges in reguards to my case. The last deal that hey gave me was 15 months for an offense that I did not take part in. If u wanna know everything that surrounds this case email me and I will give u the link on the web so u have something to work with.

Thank you,
jayce

P.S. I won my miranda hearing for my other charges in this case. Because i was brought there and not allowed to leave after hours and the judged ruled in my favor in that but then not with the drug charges because I have no had a miranda hearing in reguards to that. Just seeing what blocks I can put up or dismissal motions. Or even in your opinion as a group removing the pool lawyer that i have had 4 the last 7 years and only seen like 18 times. And if i do so what would happen if I made him recuse himself?(fresh eyes for my case perhaps?)
 

ptlmejo

Member
In response to your statement regarding a speedy trial...

Yes, you do have that right, HOWEVER, like all rights, it is one that you must invoke (i.e. request through the courts during the preliminary stages).
 

jayceisback

Junior Member
invoking

as you ststed I must invoke these rights as outlined in the constitution. Do you or any others have any case laws that would give a firm foundation for dismissal for these charges. Federal or state clauses or cases which have went before a judge with a positive outcome? Thank you for your time in helping me with this.

jayce
 
M

mew03

Guest
jim

Hey, I am very curious about your case. I am wondering about statues of limitations. A year ago the fbi changed my life forever. But ive corroperated fully. I've never been charged, and feel like im living in limbo. I need answers so I can move on with my life, but i not up for trying to push the fbi for answers.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top