Legal Question in Criminal Law in Colorado

how long do I have to wait?

I was a passenger in a car that was stopped and searched. The police found marijuana on the driver. I was arrested, a class 6 feloney, consperecy. The police told me the DA would call.That was 5 weeks ago and noone has called. I called a lawyer and he said there was nothing he could do because there is no case number. How long do I have to wait for the DA to call? I am 17 years old. The police just sent me home with my mom that night.I'm not sure what to do next.


Asked on 7/17/06, 9:06 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: how long do I have to wait?

A class 6 felony can be filed up to 3 years after police are aware of it. With conspiracy, there can be some extensions. That is not much consolation. But, likely, if they do not charge you in the next few months, they will not.

Most important, you need to keep quiet about the facts of your case. Anyone you tell, other than your lawyer, can be a witness in court to say what you told them -or- what they remember. Best thing is not to say anything about these facts.

If the police or DA ever want to talk with you, immediately request a lawyer. Do not talk with them until you have a lawyer sitting next to you advising you. Police can lie to you to get you to talk. Only DA's can offer deals and you should only believe them if you have witnesses and writing.

If the MJ was not obvious, you made no statements about it and the driver does not say it is yours, then you probably will only be a witness. BUT - do not take a chance.

As each day passes, you are less likely to be called.

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Answered on 7/17/06, 9:16 pm


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