What is the statute of limitations on a drug charge in Montgomery County Pennsylvania and how does the statute of limitations work in a defendants interest?

Where are you in the process? Have you been charged and let out on bail or what?

Hello nj:

It's probably not going to work in the defendants interest in THIS case.

The statute of limitations runs from the time a crime is discovered/reported until the time someone is charged... Usually, in drug cases, someone is arrested and charged right away.

If, in THIS case, someone was arrested, but NOT charged, depending on the severity of the case, I would GUESS it to be about three years. However, the severity of the case IS germain... Like the SOL on a joint or two would be waaaaay different than a case involving tons of coke.

excon

Quote:

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Originally Posted by njthumper

What is the statute of limitations on a drug charge in Montgomery County Pennsylvania and how does the statute of limitations work in a defendants interest?

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I was arrested in 2000 and went to court in early 2001. It was a possession of cocaine charge. I went to my court date and the judge said that the charges were trumped up and that he was going to continue my case and get me into a first offender program. I went home and never heard from them again until I tried to get a good job and a warrant came up on my back ground check. I have called Montgomery County PA and tried to get more information but there isn't even a prosecutor assigned to the case anymore. The warrant says that I failed to appear for court but I never received any notice that I was to appear. If someone could please help me and tell me what I need to do I would appreciate it. I now live in a different state and don't have the money to travel back to go to court. I thought the statue of limitations would be up and I could just have the case dismissed.

The SOL does not apply here since you were already arraigned already. What you need to do is hire an attorney in PA to get your record expunged.

Hello again, nj:

Like I said, the Statute of Limitations has NOTHING to do with your case. You were charged. You didn't appear in court. A warrant was issued, and the warrant lasts forever.

I wouldn't be talking to the prosecutor or anybody in his office. Remember, HE'S the guy who put out the warrant, and HE'S the guy who wants to screw you. If you talk to him, or to the cops, they'll help HIM screw you. That's what they do...

You need a lawyer in Montgomery County. You should have had one appointed to you on your FIRST appearance. That would be the guy I'd call. If you didn't have a lawyer, that's a mistake on their part. Call the public defender in Montgomery County.

I don't know, Dude. You need a criminal lawyer, and they ain't cheap. You ARE gong to be stopped for a red light violation sometime in your future. The warrant will still be there. Only the cops will arrest you and wait for the Montgomery cops to come get you - and they will.

So, you're going to need a lawyer there sometime in the future. Now would be a good time. Especially since you alerted them to your case and probably told the cops where they can find you.

excon

When I initially went to court I was never offered the opportunity to get a lawyer. I was never even read my rights at any point in the process. So I should contact the public defenders office in PA and see if I can get a PD? I called them once before and they said that I had to appear for the warrant before I could get a PD, but at the time I didn't know to tell them that I should have received one after the initial court appearance. Thanks for all of your help.

Well first you don't get your rights read, unless they question you, all that stuff you see on TV about rights are just that TV. Only if they question you do you get your rights, ( and that is normally on paper you sign, not actually "read" to you. Also even if they questioned you without reading you any rights, all that happens is they can not use what you told them in court.
Next if you have a warrnat, you need an attorney, and a bailbondsmen to arrange bail, you turn yourself in and get bail posted to be released.

The SOL does ot apply here since you were already charged.