Legal Question in Criminal Law in California

Statute of Limitations

My daughter was walking to the bus stop and a cop stopped her and searched her purse. No she is not a prostitute, in her purse he found some cocaine, she has had dates for court, and the past four times she went, they told her to come back on another date. It has been over four months now. How long can this go on. Is there a statue of limitations on this ? I am in California


Asked on 1/06/07, 5:22 am

3 Answers from Attorneys

Daniel J. Mangan III JuryTrialJustice

Re: Statute of Limitations

The basic SOL for a felony posession is 3 years from the date of the offense, it sounds like teh DA has not yet filed charges. I cannot speculate as to why not. Usually, the Court wil not know why the DA has not filed...only that they have or have not. It is imperative to make all Court appearances that are scheduled.

Nor can I speculate as to why the officer stopped her...

Your daughter can hire counsel to represent her pre-filing. This is sometimes best as counsel can investigate, converse with the DA and be there if charges are filed, appear at arraignment to avoid being taken into custody if charges are filed.

Best

DJM

Read more
Answered on 1/06/07, 1:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Statute of Limitations

I agree with Mr. Mangan, and I want to add one point.

You didn't say why your daughter was stopped, but police can't search a woman's purse just because they feel like it. If your daughter didn't consent to the search and the officer didn't have legally sufficient cause to perform it, she should be able to have the evidence excluded.

Read more
Answered on 1/06/07, 11:06 pm
Terry A. Nelson Nelson & Lawless

Re: Statute of Limitations

This can go on for sometime, as the 'statute' doesn't run for years. If she gets counsel, they may be able to get the charges dropped officially, because of all the time passed. Feel free to have her contact me if serious about doing this.

Read more
Answered on 1/08/07, 1:07 pm


Related Questions & Answers

More Criminal Law questions and answers in California