Legal Question in Criminal Law in Pennsylvania

Marijuanna Possession

my boyfriend was charged with possession over 2 years ago. he went to his arriagnment hearing and it got a continuance. he never heard about any other hearings in over a year. he is now in jail for a dui. he will serve 90 days there and then if the other charges are brought up he will serve another 0-60 days. i was wondering what the statute of limitations on that charge was and if he can still be charged with it now. Over 2 years later.


Asked on 4/30/07, 11:43 am

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Marijuanna Possession

Usually he signs a subpoena at the time of arraignment. He may be facing another charge of "default in appearance." Once the charges are filed the statute of limitations does not apply but if by some chance he did not sign a subpoena at the arraignment over two years ago and he did not default in appearance and the delay was the fault of the prosecution, then he may have a defense to the old charge based upon his right to a speedy trial. His attorney will be better able to advise you of the exact situation.

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Answered on 4/30/07, 12:08 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Marijuanna Possession

It's possible that they have failed to bring him to trial in time. You will have to consult with an attorney. Feel free to call our offices.

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Answered on 4/30/07, 12:35 pm


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