Legal Question in Criminal Law in Virginia

nolle prosequi statue for drug/gun charges

My home was invaded with a valid search warrant? They did removed weapons, all but one had papers. Yes there was ''users'' amount of cocaine and cannibis. They charged me with all the findings. I was bonded and release. One of the people in the house ''confessed'' to the contrabands. This was not the person they wanted to confess so they would not take his confesion. This was stated by the police. Was this in violation of his rights? Once I went for my hearing they NOLLE PROSEQUI may charges. What are the staute on those charges for that state? If the Feds pick it up. What is the statue of limitation for Feds? I am trying to turn myself in. In case the Feds picked up the charges. No one seems to know anything nor have any answers for me.


Asked on 5/04/06, 3:46 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: nolle prosequi statue for drug/gun charges

If in fact your state charges have been subject to nolle prosequi, I would(if I were you) adhere to the well worn adage regarding sleeping dogs, i.e, let them lie in regard to possible federal or any other charges for that matter that might arise from this incident, and the last thing in the world that you should now be doing is trying to turn yourself in(whatever that may mean).

However, it may well be, given the paucity of information which you've offered here, that you would be well advised to arrange for a consultation with a criminal defense counsel who, among other things, may be able to advise you as to what your exposure to criminal liability may really be(if any)under the facts of the scenario which you've described.

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Answered on 5/04/06, 11:08 am
Charles Homiller Jimison/Homiller, PLC

Re: nolle prosequi statue for drug/gun charges

Just because a charge has been nolle prossed does not mean it can not be brought against you down the road. Felony charges have no statue of limitations, meaning that the government can prosecute 10 years from now for something that happens today, if they choose to. Misdemeanors, on the other hand, have a one year statute of limitations within which the government must bring the charge against you. I would be happy to discuss your situation with you in more detail if you wish.

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Answered on 5/04/06, 1:21 pm


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