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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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IF SOMEONE WAS THOUGHT BE INDICTED FOR POSS OF MARIJUANA AND

Customer Question

IF SOMEONE WAS THOUGHT BE INDICTED FOR POSS OF MARIJUANA AND CULTATING,BUT THE POLICE POSSIBLY BLUNDERED, THE SEARCH,INCLUDING NOT READING MIRANDA RIGHTS.
tHIS PERSON HAS CRIMINAL LAWYER WHO HAS PRESENTED OR WILL PRESENT THAT THE PERSON IN CHECK(INDICTED). iS A SEVERE DIABETIC. WHO COULD DIE WITHIN MONTHS IN PRISON OR JAIL. THE FOUND APPROXIMATELY 2 -5 OUNCES OF POT. THIS PERSON WAS VERY COOPERATIVE IN SEARCH, AND SO FAR HAS NOT BEEN INDICTED JUST TOLD NOT TO LEAVE STATE(DON'T KNOW IF FEDERAL OR STATE OR COUNTY POLICE AGENCYS OR A COMBINATION ARREAST/BUT NOT INDICTED HIM SITUATION FOR AROUND 8 MONTHS. oTHERS WERE INDICTED AND EVEN CONVICTED ROM THE DRUG SWEEP. MY QUESTIONS DO YOU THINK HE IS OUT OF WOODS(WHAT IS THE STATUTE OF LIMITATIONS IN THIS SITUATION). HIM AND HIS WIFE HEARD ONE YEAR WAS THE ANSWER
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello

I am an attorney with more than 25 years of experience and I look forward to providing you information in this regard

The charge is a felony and the Statute of Limtations to bring the charge under VA law is 3 years. A misdemeanor is one year

Now keep in mind that the law, which you can read here for the cultivation provides that the state must prove beyond a reasonable doubt that the marijuana was not being grown for personal use. And so if the state cannot prove that then I suggest they would have to dismiss the possession

Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.




Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21271
Experience: 20 years of experience practicing law.
Sam and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

does statute begin at time of arrest(duh)? good joe expert appreciate it

Expert:  Sam replied 1 year ago.

Hello

 

I apologize for the delay in this response. I am only now seeing your follow up

 

Yes, the SOL begins as of the date of arrest in this situation.

 

There are situations where an SOL will not begin to run until the crime is discovered and there are some crimes with no SOL.

But in this case it begins at time of arrest.

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21271
Experience: 20 years of experience practicing law.
Sam and 3 other Legal Specialists are ready to help you
Expert:  Sam replied 1 year ago.

Hello

 

And thank you again for the positive rating and most generous bonus. Please remember you can request me by name by putting in the header "For Samuel-II" if you ever have any other issues that I can provide information for.

 

Thank you and good luck

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