Legal Question in Criminal Law in Oregon
Possession of a controlled substance
I was arrested for PCS back in Sept 01 and went to court later that month. When I checked in with the court clerk, she told me that that the DA declined to press charges and that I was free to go. Now on Dec 18 I found out that a warrant was issued for me and that I now have to go back to court on Jan 2. Can they first tell me that they've dropped the charges and than later decide to prosecute?
1 Answer from Attorneys
Re: Possession of a controlled substance
Yes. The State has up to 3 years to indict the case. Often in drug cases this happens as the lab takes a while to test the substance. After the test results come back, THEN they charge the case. It's awkward, I know, but the law allows it. Feel free to call me at (503) 222-0200 if you would like to discuss this further.
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