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Drug Possession Charge - 2001My friend just got picked up on an outstanding warrant for a drug possession charge in Philadelphia in 2001. He has been clean, employed, etc. for over 5 years now. Is there a statute of limitations for this type of charge? Will he be required to serve jail time (he's currently being held awaiting transfer to Philadelphia)? Thanks. Attorney answers (2)
Reputation Level 7
Answered over 2 years ago.
Criminal Defense Attorney in Philadelphia, PA.
I'm assuming you're talking about a body-warrant, as opposed to a bench warrant. Drug possession charges under the Controlled Substances Act in Pennsylvania have a statute of limitations of five years. Therefore, the general answer is that the statute of limitations expired some time in 2006, five years after the alleged criminal act. However, the calculation of time can stop, or toll, for a number of reasons, thereby "extending" the time the statute runs. Some of the first questions I ask concern when law enforcement issued the warrant, and whether have they made any efforts to execute the warrant.
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Reputation Level 14
Answered over 2 years ago.
Criminal Defense Attorney in Boston, MA.
If he defaulted on a court date and got a warrant then the only way to remove the default is to appear in court. A warrant for failing to appear in court will not be invalidated from time going by.
It depends on many factors. Some being the severity of the case and the amount of time he has spent in jail. Also it will depend on what the DA wants, what the alleged victims want, and what judge he has tomorrow. Seeing that there are so many unknowns your best bet really is to talk to his attorney and see what the attorney knows. If you can't afford a lawyer you may be eligible for a court appointed attorney. Make sure you go to your court date and be on time. You may have a chance to talk to the DA and you can see what the DA is looking for. Attorney Jason Chan 77 Franklin Street, FL3 Boston, MA 02110 617-556-8220 website: www.attorneychan.com blog: http://attorneychan.wordpress.com/ twitter: http://twitter.com/AttorneyChan disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational purposes only. Related Questions2 Attorney answers: 
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