My youngest brother was told he had a warrant for a drug sale to an informant after a routine traffic stop. The alleged sale happened 3 months before the traffic stop and there was never any information mailed to his home alerting him of the warrant. Is it possible that this would fall under the statute of limitations? According to the paperwork it was 6.6 grams of marijuana.

Misdemeanors 2 yrs.; summary offenses: 30 days so if it has only been 3 months then statute of limitations has not passed it would be 2 years

If there is a warrant, then he needs to deal with that first. The paperwork should also show what the actual charge was: What was the actual charge according to the paperwork?

Bottom line: If there is an outstanding warrant, then he needs to deal with that. He may or may not be able to fight the charge since he did not show up for the original court date of the chrge.

Give us ALL of the details and we might be able to help you further.

The clock stops running when the Warrant is issued... they can try him and throw him in jail 10 years from now if he isn't picked up until then.

The SOL only applies to how long they have to bring charges... with a warrant issued, that was already done.

And I never heard of ANY statute of limitations that's only 3 months.

He needs to get a lawyer and turn himself in... if he can show proof he really didn't know about it... they won't go as hard on him if he just found out.

Warrants never expire. Never. Are you saying he never received a copy of the warrant in the mail? He wouldn't.

Warrants are usually issued when a person skips a Court appearance. Did he?

I have no idea about the Statute you mention unless it's X number of days to go before a Grand Jury, X number of days to trial, something along those lines, none of which are related to a warrant.

As asked I will provide more info of the situation. Brother was confronted by police because a beer bottle was thrown in the officers direction. Upon questioning they ran his information and was told about the warrant. According to paperwork he sold 6.6 grams of marijuana to an informant. Everything was videotaped and he was given a marked bill from the CI, this bill was never confiscated back by the police by the way. videotape supposedly has him making the transaction and also his car and license plate are in view. His charges, as I remember them are propulsion of a missile onto a roadway, possession of a fake ID, intent to deliver, conspiracy, possession of an instrument of crime (cell phone). There were up to 3 more charges relating to the sale but they are not coming to mind at the moment. Any help is appreciated, thanks in advance.

Not sure what additional help you want. As explained, Statute of Limitations refer to the amount of time they have to bring charges.

It appears there are two issues here. First is the charge of selling marijuana. Apparently a warrant was issued for that charge. Which means charges were filed and the SOL no longer applies. I'm surprised your brother wasn't arrested at the second incident. This second incident where he was cited for several crimes is separate. Your brother was probably issued an appearance ticket for those issues. If he doesn't appeared when he's supposed to, another warrant will be issued.

Your brother does not appear to be the brightest bulb in the bunch. He needs to get an attorney before he winds up in jail.

He was arrested at second incident, think your reading it wrong. I already understand it isn't a case where SOL is going to be relevant, thank you previous responses for that answer. Was basically adding information at the request of a poster with the hope that someone could shoot me an idea to bring up to his lawyer about other charges involved in this case. Thanks again for responses everyone.

Quote:

---

Originally Posted by mtver

he was arrested at second incident,

---

That makes more sense.

Quote:

---

Originally Posted by mtver

think your reading it wrong. i already understand it isn't a case where SOL is gonna be relevant, thank you previous responses for that answer. was basically adding information at the request of a poster with the hope that someone could shoot me an idea to bring up to his lawyer about other charges involved in this case. thanks again for responses everyone.

---

His attorney would be better equipped to come up with a defense strategy than us. He can see the evidence.But it sounds like they have him pretty much dead to rights.

It will depend on his priors whether he does jail time or not.

If the police failed to do several things, or just lying about evidence, police lie every day to get someone to confess. He should not make any confession, not make any statement without an attorney