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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 9589
Experience:  Licensed to Practice Law
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How long after a search warrant is executed does the government

Customer Question

How long after a search warrant is executed does the government have to file charges, assuming something is found, or, if nothing is found during the search, how long do they have to notify you that there will be no charges forthcoming?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 5 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “How long after a search warrant is executed does the government have to file charges, assuming something is found, or, if nothing is found during the search, how long do they have to notify you that there will be no charges forthcoming?”

Answer: It’s based on the statute of limitations. If there is no statute of limitations (for example, if the crime being investigated is murder), then the charges may be filed at any time … even 30 years from now. Unfortunately, the police do not have to notify you whether you will or won’t be charged. The police rarely discuss ongoing investigations, so it’s unlikely you’d know unless the investigation is eventually closed. Even then, if the statute of limitations hasn’t run out, then it can be reopened at any time. To use some well known examples, that’s why old KKK members from the 1960s can be charged with murder even today.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 9589
Experience: Licensed to Practice Law
TJ, Esq. and 4 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Well, it's not murder, but a so called "drug related" case. My neighbors have begun calling me the local drug connection, which is, of course, a joke. At 60 years old I'm a bit old to begin a new career in drug dealing. So, I assume there is no statute of limitations on these types of "drug" transactions, so I'm just hanging until who knows when.
Expert:  TJ, Esq. replied 5 years ago.

Yes, I see that now. The "additional information" wasn't yet there when I was typing my original answer.

Actually, the good news is that there is a statute of limitations for drug offenses.

799. Prosecution for an offense punishable by death or by

imprisonment in the state prison for life or for life without the

possibility of parole, or for the embezzlement of public money, may

be commenced at any time.

This section shall apply in any case in which the defendant was a

minor at the time of the commission of the offense and the

prosecuting attorney could have petitioned the court for a fitness

hearing pursuant to Section 707 of the Welfare and Institutions Code.

800. Except as provided in Section 799, prosecution for an offense

punishable by imprisonment in the state prison for eight years or

more shall be commenced within six years after commission of the

offense.

801. Except as provided in Sections 799 and 800, prosecution for an

offense punishable by imprisonment in the state prison shall be

commenced within three years after commission of the offense.

So, it depends on what exactly you could be charged with, but it looks like it’s probably either 3 or 6 years.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

 

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