Legal Question in Criminal Law in Washington

Can city and county file seperate charges?

Our house was raided and we were charged with possession of marj. and parafinalia. We plead guilty to possession of marj. and para. charges were dropped. Now when we tried to get our possessions taken as evidence, we were notified that the city had closed the case but county was still investigating. Is this legal? How long can they take to either charge us or return our possessions?


Asked on 10/21/04, 4:34 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: Can city and county file seperate charges?

Yes cities and counties can file seperate charges. That doesn't mean you shouldn't challenge the second charge on Double Jeapardy grounds. Hire a local attorney that will know the process for demanding a hearing regarding your possessions. The county must make a showing to a judge that they are holding your possessions in relation to a crime and that the possessions are relevant to the persecution of the crime. They have until the statute of limitations runs. Depending on how they charge the crime, likely 3-5 years.

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Answered on 10/21/04, 5:03 pm


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