I was arrested for a 5th dg gross mid meth possession. They booked and released me. Not charged yet. I heard 48 hours they have?
Arrested at casino after security cane up to me and stated an eye witness and the camera saw me drop a small bag of meth out of my vest pocket when I grabbed a cigarette out of it. I honestly do not use and have no explanation of how it would have got there if it really even came from my jacket?! It’s been 5 days I have called teh DAs office several times and it’s there for review but no charges filed yet. Is it possible it will be dropped? How long do they have to charge me?
Prior reply to you is excellent. Nearly all crimes have time deadlines in which the crime must be charged or it is 'too late'. The '48 hours' matter pertains to a person being held in jail and the exact rules on hours involved may vary due to holidays, weekends. I urge you not to fone county/city attorney. I urge you consider carefully choosing one qualified & very well exp'd att'y and confer with her/him in the attorney-client privileged relationship now as you must be feeling very stressed-out and even scared. Good for you that you are not a 'user' !!
TRICIA DWYER, ESQ. LICENSED IN MINNESOTA. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
the 48 hours is the time they have when you are *in custody* to have a judge sign a probable cause determination. they have *years* to charge you, which is the length of the statute of limitations (several years)
This is not legal advice. Communications on this website do not establish an Attorney-Client relationship. This site is only to be used for general information, not advice on what to do with your specific case.
If you are no longer being held in jail then the 48 hours doesn’t matter. Now it’s the statue of limitations that the prosecution is up against, it’s that is several years. Realistically, it won’t be that long for them to make a filing decision. They will review the evidence and determine whether they believe they have probable cause to file criminal charges. Now is the time to start thinking about getting an attorney on board, as building your defense is of the utmost importance. Also, it’s possible for your attorney to contact the prosecutor in an attempt to sway them not to file charges. I hope you find this information helpful and wish you the best of luck.
The prosecutor has 3 years to charge most criminal cases. You should not be calling the prosecutor, very bad idea. Call a defense lawyer for legal advice and representation if advised.
The answers herein are not intended to be Legal Advice and do Not establish an Attorney-Client Relationship. *The Internet does not competently assist a person in defending against criminal charges. Contact an avvo lawyer here or another lawyer for advice as your case may have strict deadlines for the assertion of rights.
The prosecutor has 48 hours to find PC and 36 hours to charge you but only if you are being held in custody. Once released they have years to charge you but will most likely charge you if there is evidence to support such a charge. I would advise not calling the prosecution and not speaking to anybody about the facts of the case, including posting and certainly not to police if you are arrested. In the meantime, you should speak to local experienced criminal defense attorneys to prepare for charges, if they are filed. Good luck.
