I was found to have a very small amount (about a tenth of what was left of a eight ounce) marijuana on the Ft. Campbell military base while staying on post as a civilian employee of the D.O.D. I was told by the officers that if I signed a statement saying what I had and where I got it I would be suspended from that base for two weeks. I agreed and was removed from Post. Now, more than a year later I received a notice of arraignment in District court. Is this legal and what are my options.
Criminal Defense Attorney
You need to hire a competent criminal defense lawyer that practices in federal court in the federal jurisdiction of KY where you are cited
Counsel will review the dates and timeline, any statute of limitation, etc.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
It's legal and your options are to get a lawyer and defend yourself or suffer the consequences.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
Federal Crime Lawyer
Sure, you can have an indictment that could have been processed at a later date. So, now you are indicted. Did you retain an attorney? If you could not afford one, luckily, the Federal Defender can appoint you one who is very qualified to represent you in Federal District Court. Since this is more than likely legal, your only option is to get an attorney to represent you. The Federal conviction rate is so high, you cannot risk doing this yourself. Make the phone call this morning. Take Care!
18 U.S.C. § 3282(b) allows the federal government a period of five years from the date that you allegedly possessed the marijuana to formally charge you by way of an information or indictment. I recommend that you retain an attorney and ask him or her to attempt to negotiate an agreement the with government by which the case may be disposed by way of a civil penalty pursuant to 21 U.S.C. § 844a.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
I agree with my Avvo colleagues.
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 call (708) 481-4800 text (708)218-0923