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    AudreyRose's Avatar
    AudreyRose Posts: 4, Reputation: 1
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    #1

    May 17, 2012, 10:31 PM
    How long does law enforcement have to charge someone for possession?
    Does law enforcement have a limited amount time to charge, arrest, and/or fine someone for possession of an illegal substance (spice, potpouri, incense) after confiscation? The local police were assisting with searching for my child who was missing, but later found at her elementary school, and found my partner's spice and paraphenilia. The officer instructed me to put it away. Shortly after finding and returning my daughter home, a different officer instructed me to retrieve it for him in which he confiscated it after jotting down my partner's name and birth date. No arrest was made, or fine given, nor did they speak with my partner as they said they would. Can they later on down the road issue a ticket or make an arrest, since they at the time of confiscation informed me spice was an illegal substance?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 18, 2012, 03:44 AM
    ANY question on law needs to include your general locale as laws vary by area. Yes, there is a time limit its called a Statute of Limitations. It varies by crime and location.
    AudreyRose's Avatar
    AudreyRose Posts: 4, Reputation: 1
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    #3

    May 18, 2012, 07:18 AM
    Quote Originally Posted by ScottGem View Post
    ANY question on law needs to include your general locale as laws vary by area. yes, there is a time limit its called a Statute of Limitations. It varies by crime and location.
    Ok, I understand that... I even went to the Utah Code and Sections web site and searched through the Statute of Limitations, but I don't know what to really look for since the legality on Synthetic Marijuana, also known as Spice, PotPourri, or Incense, is so recent. I was told by an attorney in Utah that the spice is considered the same as marijuana in the state of Utah. I was unable to ask him about the Statute of Limitations because he was already getting irritable with me because I informed him right away I have no money to hire a lawyer. So, how do I find the information I'm looking for? Do I just keep calling different attorneys?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 18, 2012, 07:39 AM
    The amount, and what the charges would be.

    Most likely it is a misdemeanor, so look up misdemeanor SOL,

    If there was a lot, or if they can show you were selling it or giving it to others and try to make a felony out of it, they have a much longer time.

    For misdemeanors it appears they have two years to bring charges.
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