Is there a time limit for arraignment in federal proceedings?

Asked over 1 year ago - Fort Campbell, KY

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.

Attorney answers (5)

  1. Frank Mascagni III

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need to hire a competent criminal defense lawyer that practices in federal court in the federal jurisdiction of KY where you are cited
    . www.kacdl.net

    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... more
  2. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . 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
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  4. Stephen F Wallace

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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!

  5. Raymond George Wigell

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more

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