What is the statute of limitations for simple possession in louisiana

Asked almost 3 years ago - Bogalusa, LA

i was given a citation in 2003 for simple possession i was searched several times and nothing was found they ask me to give up a drug dealer in the area and i refused and was searched again all of sudden i was forced to the ground and show a half empty marijuana baggy wll i went to court in my home town on the date the citation was dated and told i was at the wrong court that i had to go to another court 25 miles away from my home town so i never went back until now i turned myself in went to court and pleaded not guilty i go back august 18 2011 is there a statute of limitation on my charge

Attorney answers (1)

  1. Seth J. Bloom

    Pro

    Contributor Level 12

    Answered . This will depend upon the specific charges you are facing, but generally the rules for "prescription" (aka what is referred to as the "statute of limitations" in the rest of the United States) are as follow for noncapital offenses in Louisiana:

    (1) Six years, for a felony necessarily punishable by imprisonment at hard labor.

    (2) Four years, for a felony not necessarily punishable by imprisonment at hard labor.

    (3) Two years, for a misdemeanor punishable by a fine, or imprisonment, or both.

    (4) Six months, for a misdemeanor punishable only by a fine or forfeiture.

    It is important to note that the statute does not run while the defendant is: avoiding detection, fleeing, outside the state, absent residence in state, or lacking mental capacity to stand trial.

    If you are seeking legal representation in this matter in Louisiana, I invite you to contact my firm at 504-599-9997 for a free case evaluation to determine whether or not we serve your jurisdiction.

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