Legal Question in Criminal Law in Minnesota
Statutes of Limitations
What does ''being released pending investigation'' technically mean? Also what is the statutes of limitations on being charged for a drug possession charge?
1 Answer from Attorneys
Re: Statutes of Limitations
I'm not sure what "being released pending investigation" means "technically," but I understand it to be a phrase used to describe what happens when police arrest someone on, for example "probable cause -- narcotics" then release the person from jail before the prosecuting attorney files criminal charges with the court.
From my review of Minnesota Statutes Section 628.26, it appears that there is a three year limitations period applicable to Minnesota criminal drug possession charges -- charges must be filed with the court within three years from the date of the alleged offense.
It is not unusual for drug cases not to be charged for up to several months after the arrest date.
This person may want to consult a criminal defense lawyer now, for some "pre-charge counsel" to help prevent further damage. My contact information appears below.
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