Does California have a statute of limitations for drug related offenses? If so how long is it?

Asked 7 months ago - La Jolla, CA

Flag

A potential client asked me whether he could be prosecuted in California because he used to sell cocaine and marijuana. He said he wasn't involved in heavy trafficking of any sort, but was just a local street dealer trying to make some extra cash. He said it has been about 3 months since he last sold any drugs and he no longer sells or is involved with it. If arrested for any reason could he face possible charges from past sales of drugs? Is there a statue of limitations regarding how far back charges can be given for selling drugs, if at all?

Attorney answers (6)

  1. Contributor Level 7

    9

    Lawyers agree

    Answered October 15, 2012 10:55. The statute of limitations on felony sales charges is generally three years from date of incident.

    Law Offices of Lance Rogers, APC | (619) 333-6882 | info@lrogerslaw.com | 835 Fifth Ave., Ste. 307, San Diego, CA... more
  2. Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered October 15, 2012 11:49. Refer your potential client to a locally experienced CRIMINAL DEFENSE attorney.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  3. Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered October 15, 2012 12:30. The normal statute of limitations for such an offense is three years. Nevertheless, you should refer the client to a criminal defense attorney. Most defense attorney's provide free consultations.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
  4. Contributor Level 12

    6

    Lawyers agree

    Answered October 15, 2012 13:18. Given the seriousness of drug charges, your potential client should consult with an experienced criminal defense attorney, or if you are a licensed attorney, you should be associating with one as part of fufilling your duty to provide competent counsel.

  5. Contributor Level 20

    4

    Lawyers agree

    Answered October 15, 2012 11:49. They can go back at least 3 years depending on the evidence they have.

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  6. Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered October 18, 2012 22:33. Unless he was unfortunate to be part of some sort of police sting during his last few months selling, he will likely not be charged, ever. Even if someone snitched on him now or in the future, the physical drug evidence is probably "up in smoke" by now. It would be difficult to prosecute and convict someone for petty drug sales with no physical evidence of the drugs. To be safe, he should still consult with an attorney, as the penalties for drug sales can be severe.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,767 answers this week

2,610 professionals answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,767 answers this week

2,610 professionals answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary