Legal Question in Criminal Law in Washington

Re: Criminal Possession with Intent to Deliver

The statute of limitations for possession of marijuana with intent to deliver is three years. It is unlikely that a prosecutor would file charges at a later date.

It may be that the prosecutor will file only a misdemeanor possession charge in district (or municipal) court. The statute of limitations on possession - less than 40 grams is one year.

If you are contacted by law enforcement officers (or prosecutors) in connection with this incident, you should exercise your right to remain silent and/or retain counsel.

Re: Criminal Possession with Intent to Deliver

If you are in Western Washington it is very common for the prosecutor to decline to file charges. There is a backup on getting drugs tested at the State lab. They will likely file the case once they have the lab report. This is how they get around your right to a speedy trial, by declining to charge until they are ready to take your case to trial.

You should immediately consult with an attorney to see what steps you can take to prevent the case from being filed later.

At your service,