What is the Deadline for the Police to Charge an Individual with Drugs?

Once you are arrested or are under investigation for drug possession, you may wonder how long a potential charge of felony drug crimes may be hanging over your head.  

California imposes a law of limitations on every crime, including drug possession charges. This is a cap on the amount of time the prosecution could wait before the filing of criminal charges.  

A criminal defense lawyer could figure out whether the California statute of limitations for drug possession is relevant in your case.  

If yes, then the court might dismiss your case outright even before it proceeds to trial. You need to speak with a California drug defense lawyer immediately.  

California Statute of Limitations for Drug Possession  

According to California Penal Code Section 801, the statute of limitations for a crime punishable by confinement in the state prison is three years.  

Drug possession, even of a large amount of marijuana in maximum cases, remains punishable by imprisonment in California.  

So, the statute of limitations for a drug possession charge is generally three years.  

If there are possession charges that aren’t punishable by imprisonment, mostly possession of small amounts of marijuana, then the statute of limitations is one year.  

The objective of a statute of limitations is to let the prosecution file a criminal case within a reasonable period if they want to charge someone.  

If they don’t file charges before the expiry of the limitations period, then a defendant can't be prosecuted for the crime.  

The prosecution doesn’t need to bring the case to trial within three years of the alleged crime. The case must only be filed with the court within three years of the date of the offense.   

But if a trial is unreasonably delayed for reasons for which the defendant isn’t at fault, then a savvy and experienced drug crimes lawyer in Anaheim could argue that the prosecution or the court violated the rights of the defendant to a speedy trial.  

In specific instances, the prosecution could argue that the three-year statute of limitations on drug possession in California was “tolled” or suspended, due to certain actions taken by the person suspected of drug possession.  

When the person under suspicion of drug possession leaves California, then the statute of limitations has to toll for the amount of time the suspect left California. But the tolling period will be limited up to three years.  

So, the prosecution can have no more than six years to charge an individual with drug possession without violating the statute of limitations for possession of drugs in California.  

How Does the Statute of Limitations Work in California?  

The statute of limitations for drug possession in California is not effective until the crime is complete.  

Determining the date, the clock starts ticking for ongoing crimes like drug possession can be challenging.  

An experienced criminal defense lawyer knows when the statute of limitations lapses, or concludes, for your California drug possession charge.  

In maximum drug cases, the cops will arrest a suspect on drug possession charges if they believe they have probable cause.   

Then the police hand over the case to the prosecution, generally the county District Attorney’s Office when it is a state crime.   

Now, the District Attorney’s Office starts the prosecution at that time.  

Deputy district attorneys hardly wait for long to then press charges. However, this does occur at times due to multiple reasons.   

Investigators might not want to arrest someone on drug charges once the police have set up a wide-sweeping investigation.  

In such instances, the law-enforcement investigators might have a probable reason to arrest one or more individuals for drug possession charges. However, they may wait to complete their investigation before making arrests.  

Arresting people before the completion of the police's inquiry might jeopardize the investigation.  

These long-term drug interdiction investigations are strong enough to implicate the statute of limitations on drug possession.  

Conclusion  

Drug possession convictions are harsh enough to have severe implications for a person’s life. Having every defense at your disposal in the form of the best lawyer in California is crucial to limiting the disruption any drug charge could have on your life.