Legal Question in Criminal Law in California

driving on suspended and posession of controlled substance

i was pulled over in 2003 and arested for not having a licence. I had chest pains and believed i was having a heart attack, so the called an ambulance and i was imediatly hooked upm to an iv and the cop said i was site released. I never recieved a citation or was notified of a court date untill now 3 yrs later. i had apassinger who i picked up hitchiking, and he was found to have a tube of 10

needleds on him andthey found a small amount of meth and he went to jail also. i'm pretty sure he was already charged with the posetion and is searving time in prison at this time. My question is, isnt there a statute, reguarding the time allowed to file a warrent of this nature, and my understanding is that it is 1 yr. and if so there should be a form to supress and dismiss. If so what form would i need and penal code would i need to get this

taken care of. I will not take the charge, and will go to treial if neccesary, but would be much quicker to have it dismissed because they arnt within the leagle time frame allowed by law.


Asked on 5/04/05, 9:27 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: driving on suspended and posession of controlled substance

If you plan to defend yourself, you will need a lot more knowledge of criminal law than you can obtain through the internet. The answer to your question is not as simple as you seem to think. The statute of limitations is generally 1 year for misdemeanors and 3 years for felonies. However, there are numerous exceptions to these general rules. You should either retain an attorney to represent you or go to the local law library and start reading about criminal law. There are several books that give an overview of criminal law.

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Answered on 5/17/05, 10:30 pm


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