My husband was arrested in Edison County in 2001. The charge was a 2C: 35-10C . He had a drug problem at the time of the arrest, but has now been completely clean from all drugs & alcohol for 14 years now! He was put in jail in Edison and served 2-4 days. He was then released on his own recognizance, but never went to court for the ticket. Two years later, he was arrested again for a different drug crime in VA. He was sentenced in VA, and was then extradited to PA & served more time there. When he was released, he was given 2 years parole. He attended a 3 month rehab and then lived in a halfway house for a few months. Anyway, while he was on probation, he discussed the charge from Edison in 2001 with his parole officer. My husband wanted to clear his record, and the PO told him not to worry about the charge. Since he has been off parole and off drugs he has not had any charges against him at all, until today. He was pulled over on our road, in front of our house for speeding and taken into custody. I had to go to our local mun. building (also in NJ) & post bail, $2500.00. Isn't there a statute of limitation? He is supposed to appear in court in 2 days.
The statute of limitations has to do with time to charge the defendant. If your husband was charged in 2001, then he has to appear in court to resolve the matter. If he was charged with possession, it may be difficult for the prosecution to prove its case, the lab results may have been destroyed at this point. He needs to hire a defense attorney to review the discovery and see if he has any defenses.
Statute of limitations deals with the time the State has to bring charges. Sounds like charges were brought at the time in 2001, thus satisfying the statute of limitations. Then your husband went on the run and a warrant was likely issued for him. You don't get a benefit from not returning to court. He must face the charges. The good thing is that after 15+ years it might be difficult for the State to prove the charges.
This is not an issue about the statute of limitations. Statute of limitations has to do with when the police must file a complaint by. It is either a situation where the state didn't properly prosecute the case or where a person failed to appear. It certainly seems like it may be the latter. I would certainly suggest that you speak with an experienced attorney in this regard. Most attorneys in this area offer free consultations. Best of luck
The statute of limitations is to CHARGE him. That was done. They don't reward you for hiding from or avoiding charges for a long time.
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Sounds to me as if there may be a warrant outstanding. If so, he is liable to be arrested when he next encounters the police. The statute of limitations certainly does not apply because he was charged within the five-year limit.
Although this advice is offered in good faith and is intended to be accurate and helpful, it is no substitute for a full consultation with an attorney of your choice, and it does not establish an attorney-client relationship between us. However, I will be happy to speak with and meet you if I can help you here in New Jersey, where I have been licensed for 30 years. I accept criminal, military, ethics/professional responsibility cases, and basic estate planning matters. Good luck and best wishes with your legal issue. Regards, Lee A. Gronikowski
If the statute of limitations would run from the date you decided not to go to court no person would ever go to court. The statute of limitations only has to due with how long you have to wait to get charged. Since your husband was charged no statute of limitation problem. However time sometimes does help a lawyer win a case, but the downside of this is that you can win the original charge lets say because the arresting officer died, but you will still lose and possibly go to jail since you failed to go to court. Thus it is never good for a person who is charged with a crime to try to avoid court, especially on cases where you would probably not do a lot of time on the original charge. What your husband now needs to do is to find himself a lawyer but not just any lawyer a good one.
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Edison is an easy going Court. It is in Middlesex County by the way. The SOL is the time the State has to bring a charge. It does not apply to being a fugitive from justice. That stays until you take care of it. An experienced criminal defense attorney should be able to handle this matter. My guess is dismissal is a real possibility with contempt of court to be negotiated. But he should not go in alone. He needs an attorney who knows what present to Dave Spevack, the prosecutor.
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