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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I was charged for possession of a controlled substance and

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I was charged for possession of a controlled substance and unlawful possession of drug paraphernalia back in 2001, there was three other people in the car and nobody claimed it, we were written tickets with a court date. Nobody was arrested, Went to court was told to take a drug assessment and if passed charges would be droped. Two of us passed the drug assessment and two of us didnt, he sent us all to drug classes, and was supossed to be called back after a year. I recently received a paper in the mail giving me a court date on this same charge for plea and dispotion, I looked it up and made sure it was that same charge i was givin over eight years ago. Do the satute of limitations apply?, so that i can get it droped, and should i get a lawyer?

The statute of limitations doesn't apply when you have already been charged. The statute of limitations only bars uncharged cases from being charged after a certain point. It is possible that you could get it dropped though, given the age of the case. It is unlikely that the witnesses against you are still around and remember what happened. You have two can either show up to your court date and see if the case is dismissed, and if it is not, ask for a postponement to get a lawyer. Or you can go in with a lawyer right away. If you choose not to go with one, you might save some money but it is also possible your postponement won't be granted. If you go with one, you might be paying for a lawyer on a case that would have been dismissed anyway. It is up to you how you want to proceed. Good luck!
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