I have a friend that was charged with possession of a small amount of cocaine about 8 or 9 years ago in New Brunswick, Canada. He went into rehab before the court date and the court was notified. He has not answered this charge in all these years but was told at the time by the then chief of police it could be dropped as he was not the one they were after in the first place.
Does anyone know what the original sentence could have been for this and what might be the out come now if he goes back to face it? Is there a statute of Limitations for such cases in Canada. He is by the way a Canadian citizen.
Thank You
Vixalin

excon

Hello Vix:

Below is an answer I gave just the other day. One of our Canadian experts verified what I said.

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Hello poker:

I dunno if the laws in Canada are the same as the US on statutes of limitations, but in the US, the statute of limitations runs from the time they discover a crime until someone is charged. You were charged. If a warrant is issued for a particular individual, that warrant never expires.

excon

Vixalin

Thank you for the response.
Just to clarify for me. Your saying that because he was arrested and charged but didn't go to the court date that there is no limit on the time for adjudication? Is that the idea?
thanks again
Vixalin

CaptainForest

The only possible grounds to throw this case out is a Charter issue in that fact he did not have a speedy trial.

However, given your friend’s case I don’t think that will work due to the fact the trial was delayed because of him and he never went back.

But, if he goes back now (WITH a lawyer), and he can probably settle all this with just probation.