nsx6

okay...to make a long story short i was arrested (first time offense of anything) with some pot in my car. the cop said it would be treated as a misdeameanor, they would mail me the information, i'd have to go to court, it'd be treated like a minor traffic violation, etc etc etc....well it's been quite awhile since then and haven't heard a word about it. a few people have told me that if i don't recieve anything in the mail within 100 days then i can't be charged for it, this was word of mouth so i don't know that for a fact, but it sounded right because i wouldn't think you could be brought in for a charge like that, say 2 years after it actually happened. but i wanted to know the details for a fact, because it's close, and i'm excited by the fact that i might not have to go on probation and all that nonsense over my stupidity of being caught with it in my car. i'm probably getting my hopes up for nothing since it's most likely going to come in like the very last week possible, assuming this 100 days thing is true, but anyway i'm rambling. can anyone verify this or let me know?

thanks alot
nsx6

btw: this is in louisiana if that helps any

Turtle

I believe that after 3 months if you havnt had court, then you can plea your right to a speedy trial. So basicly your off the hook, but dont take my advice to heart, because I live in California, and every state has different laws. So dont go lighting up a joint until you have researched your states laws, Im sure you can do a simple google search and come up with your state laws and find what you want, helll, just call up your local police station or district attorny's office and ask.

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mindraver

call a criminal justice lawyer in your area and they will probably give you a free consultation answering your question(s) about that situation.

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GrowFun21

There is a L.E.O. on this site who is good at answering questions lie this one. Sorry, I am not sure of his name. See if someone ca tell you it and get ahold of him. From what I have seen he is great and nice to deal with.

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Niteshift

Turtle, you're confusing two seperate issues.


Turtle is speaking of the right to a speedy trial. This is true, but speedy trial only applies if you have been formally charged. It is there to prevent a pending charge from just looming over your head forever.

The issue here is the statute of limitations. Each level of crime has a different length of time from when the offense happened to when it has to be formally charged. Some offenses, like murder, have no statute of limitations.

nsx6, you need to find out what level the crime could be charged as (first degree misdemeanor, third degree felony etc), then find out what the statute of limitations is for crimes of those levels.

You can find out the level of crime from your clerk of courts, then you can find out the statute of limitations at the county law library (usually located in the courthouse) or maybe a public library.

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nsx6

i'm assuming it was a "first degree" misdeameanor, i'm not that knowledgable on all that, but he said it'd be a misdeameanor, treated as a traffic violation and i'd just be put on probation if i was clean and then it'd be wiped from my record. i went to the library and went all through the louisiana law books, but with no luck and of course i checked the internet and couldn't pull up anything with that either, so i don't know, i mean it still could come in even if that 100 day thing is true, but it's getting close and it'd just be good to know. i mean i was told that by more than one person, but i'm not going to burn one and explain to the cops it's okay i failed my drug test because some people told me it'd be cool if 100 days passed.

Niteshift

In most places, a first degree misdemeanor is more than 100 days.

GrowFun21

There is the man (or woman) I was talking about, and there is your answer..........Sorry Niteshift, I have never dealt with you before but I have read a lot of your posts, sorry I couldnt come up with the name......

Conine

Share what you find, nsx6, I'm in the same situation I believe, except I received my summons on the spot. (And yes it did just look like a traffic ticket)

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nsx6

Niteshift, can you verify that this is true and what i was looking for:

i found this on the louisiana state legislature website http://www.legis.state.la.us/tsrs/search.htm

Code of Criminal Procedure

Art. 572. Limitation of prosecution of noncapital offenses
Except as provided in Articles 571 and 571.1, no person shall be prosecuted, tried, or punished for an offense not punishable by death or life imprisonment, unless the prosecution is instituted within the following periods of time after the offense has been committed:

(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; or

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

Amended by Acts 1984, No. 926,§ 1; Acts 2001, No. 207,§ 1.


so am i looking at 6 months where this could come in anytime? i'm guessing my chances are pretty slim that i somehow am going to not have to go through with this....it just has already been 3 months without word of anything, just seems like a long time, but i guess these things take awhile