Legal Question in Criminal Law in Minnesota

3rd Felony Charge Question

My brother was initially brought in on a 3rd degree felony charge but was not charged after 72 hours and released. How long will the case remain open until charges are officially dropped or charged? What are the next steps in case the state decides to charge him? Thanks.


Asked on 11/03/08, 11:51 pm

3 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 3rd Felony Charge Question

First, there are manykinds of third degree felonies. As a result, without additional information, it is difficult to detemine what kind of case this is, an assault, drug charge or something else.

Second, the statute of limitations ffor any felony is a term of years. As a result, he may be charged at any time within the next few years.

For a FREE consultation call 612.240.8005 or visit criminal-law.tv.

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Answered on 11/04/08, 9:05 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 3rd Felony Charge Question

First, there are many kinds of third degree felonies. As a result, without additional information, it is difficult to detemine what kind of case this is, an assault, drug charge or something else.

Second, the statute of limitations ffor any felony is a term of years. As a result, he may be charged at any time within the next few years.

For a FREE consultation call 612.240.8005 or visit criminal-law.tv.

Read more
Answered on 11/04/08, 9:44 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: 3rd Felony Charge Question

The older a case gets, the less likely it will be charged, though felony drug cases for example are generally charged between one and six months after the date of the execution of the search warrant. The targeted individual generally has no way of knowing whether they will be accused, until a Complaint is filed and a Summons or Arrest Warrant issued. Waiting for the statute of limitations to expire may be the best plan, in many cases. I have been retained as "pre-charge counsel" in such cases, to assist the police "target" in managing their behavior to reduce the likelihood of being charged. This can make a difference in certain cases. Call me to discuss and-or see my sebsite FFI: www.Liberty-Lawyer.com

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Answered on 11/05/08, 3:37 pm


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