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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25462
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a huge question concerning a possession of a

Customer Question

I have a huge question concerning a possession of a controlled substance charge with no intent to arrest the night of charged offense. It took approximately 9 months for the law to process through a warrant, after I chose not to work with the investigators on a "narc out" to "work off the charge". Can anyone help me with this matter?
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 months ago.

Hello,

What is your question?

Customer: replied 8 months ago.
I want to know if the process taken was completely legal.
Expert:  Zoey_ JD replied 8 months ago.

Yes. It's perfectly legal.

Police always are looking for reliable confidential informants. They are trained ask people they arrest for drugs to cooperate in the arrest of others and promise that their cases can go away that way. If you agree to help them and don't give then any worthwhile evidence or choose not to work with them, however, they process the arrest. There's nothing illegal about this.

The police do not have to make an arrest on the day that they catch an offender. On a misdemeanor in your state, the prosecutor would have 2 years from the incident to file charges. After that it would be considered too old to be prosecuted. So an arrest 9 months after the incident would be well within your state's statute of limitations.

Customer: replied 8 months ago.
Where in the law is this stated, exactly?
Expert:  Zoey_ JD replied 8 months ago.

It's in article 12.02 of your code of criminal procedure:

Art. 12.02. MISDEMEANORS.

(a) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

(b) A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

Customer: replied 8 months ago.
Right, however nowhere does it state allowable length of time for an arrest to occur, it only states "date of the commission of the offense".
Expert:  Zoey_ JD replied 8 months ago.

It specifically says it must be presented (filed with the court) 2 within two years from the commission of the offense. Any time within that 2 year period, the police may investigate, make an arrest and get the defendant charged. If the crime is a felony, they can take even longer. See section 12.01

Customer: replied 8 months ago.
Where is the best place to research said information?
Expert:  Zoey_ JD replied 8 months ago.

I'm not sure what you want to research. The statute of limitations is the law of your state.

If you want to see cases from Texas that involve the misdemeanor statute of limitations, you can see many of them here.

If you want to see the US Supreme Court decision that allows for police to deceive and lie to suspects and to conduct sting operations in order to get information about crime, see Frazier v. Cupp, which has been the law of the land since 1969.

Customer: replied 8 months ago.
I know there are plenty of ways to skin a cat and in this case, there are too many things wrong with timeliness and possible interference of daily life to no fight this one. Thanks again for your help.