How long after a search and seizure does the law have to file charges

Asked almost 5 years ago - Danielsville, GA

My sisters boyfriend was sitting in his house the law knocks on door and without checking he saqid come in they entered house and said the county then another county and investigators entered and handcuffed him sat him on couch and searched his house he went to jail stayed two days was charged with distributing and manufacturing vgcsa then a month and ahalf later they said he has to felonly warrants on him for back on july 2

Attorney answers (1)

  1. Brian Fenton McEvoy

    Contributor Level 8

    Answered . There is a set period of time after a crime has been committed during which the perpetrator can be charged. This time period is set by the legislature and is referred to as the statute of limitations. After this period of time has elapsed, a person cannot be charged with the crime, and if charged may raise
    the statute of limitations as a defense.

    States differ in the length of time allowed for prosecution of criminal charges under their statutes of limitations. Typically, petty offenses may have a short statute of limitations of three to five years, while more serious crimes may have statutes of limitations from five to 20 years. Some crimes are of such a nature that there is no statute of limitations. These crimes typically include murder, rape, robbery, and arson.

    Generally speaking, state, local, or federal law enforcement agencies (a.k.a. "the law") must file charges within the statute of limitations of the particular crime charged. In this case, based on the brief facts stated above, it sounds as if the law brought charges well within any conceivable statute of limitations.

    A separate issue would be whether the warrant violated the defendant's Fourth Amendment Right against unreasonable searches and seizures. Of course, this is a separate issue entirely and one which would best be addressed by an attorney in your area who has experience defending criminal cases.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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