Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

On December 28, 2000 my 20 yr.old son went out-of-town with

Customer Question
some "friends". My son...
On December 28, 2000 my 20 yr.old son went out-of-town with some "friends". My son was charged with an 11357(b)H&S violation & had to appear in court. (The other two boys were arrested & ended up going to prison for a yr.) My son appeared in court but wasn't on the calendar so he asked the clerk & she said that no charges had been filed. Nothing more became of it until just the other day, November 26, 2010, when he received a notice from the Butte County court stating a warrant has been issued for his arrest. Now, back in late 2009 my son went to prison for 9 months on an unrelated charge & everything he had unresolved with the courts, including a traffic ticket, was included at his sentencing. So, my question is what he can do about this & isn't there a statue of limitations? What is your expert advice? Thank you. Respectfully, CJF
Submitted: 6 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 12 minutes by:
12/1/2010
Criminal Lawyer: Hammer O'Justice, Criminal Lawyer replied 6 years ago
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
Verified
Hello.

In California, the statute of limitations for misdemeanor marijuana possession is one year. However, the statute of limitations only applies to the time frame in which a case is charged. So as long as the case was charged in a timely manner, it doesn't matter that it took them 10 years to serve the warrant and prosecute the case.

The potential upside is that due to the age of the case, the prosecution may not be able to proceed with the charges. Your son's best bet is to get a lawyer (either hire one or apply for the public defender) to try to get the case dismissed. After 10 years, it is possible that the officers have retired or no longer work for the department, or that the chemist who tested the drugs is gone. And it will also be difficult for them to testify credibly that they remember the case even if they are still around. So there is a strong possibility that a lawyer can convince the prosecutor to drop the charges because the viability of the case has decreased significantly with age.
Ask Your Own Criminal Law Question
Customer reply replied 6 years ago

Hiring an attorney is out of the question because my son is currently unemployed. The next problem is that the county where the violation occurred is a little over 3 hours away & he doesn't have the transportation for the drive. Can the case be transferred to the county in which he currently resides? If so, how would he go about doing this? If not, what are his options?

Also, in the first paragraph of your answer you stated "the statute of limitations only applies to the time frame in which a case is charged." Since nothing was ever received after he appeared in court & was told at that time by the court clerk that no charges had been filed how is he to know if the case was charged in a timely manner?

Thank you for your time.

Criminal Lawyer: Hammer O'Justice, Criminal Lawyer replied 6 years ago
If he can't afford to hire one, he may try applying to the public defender in the county where his case is to see if he qualifies.

The attorney can try to file a change of venue request to have it transferred to his home county, but that is unfortunately unlikely. Change of venue requests are usually only granted where the publicity surrounding a case makes it impossible to have a fair trial in their home jurisdiction. The fact that a defendant is inconvenienced is not really cause to transfer the case to another jurisdiction. But the attorney can try.

In terms of finding out when charges are filed, the court clerk's office should be able to answer that if he calls in with the case number. Their computer system should register when the charges were filed.
Ask Your Own Criminal Law Question
Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
4,502 Satisfied Customers
Experience: Almost 12 years of legal experience, primarily in criminal law

Hammer O'Justice is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I was arrested for a misdemeanor theft/ shoplifting, I do
I was arrested for a misdemeanor theft/ shoplifting, I do not recall being read my miranda rights , do you think I would have a case to get it thrown out.. Also noticed on some of my paperwork that th… read more
Hammer O&#039;Justice
Hammer O'Justice
Criminal Lawyer
4,502 satisfied customers
It began with a misdemeanor d.u.i. in Nevada 2011, no
Hello it began with a misdemeanor d.u.i. in Nevada 2011, no accident,non violent, non drug. Because of policy change in 2010 my charge was changed to a felony in 2012.I am dual citizen with now a curr… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I received an infraction (not misdemeanor) for literring on
I received an infraction (not misdemeanor) for literring on the beach, and a fire on the beach (in Malibu). My court date was set for thursday (this week). I just learned of a serious test and I canno… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I was convicted of a misdemeanor in 2005. I have no other
I was convicted of a misdemeanor in 2005. I have no other convictions or arrests. I was recently denied when trying to purchase a firearm. I've read through your feed and saw where it should be automa… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Minor misdemeanor citation 4.1. knowingly possess marijuana.
minor misdemeanor citation 4.1. knowingly possess marijuana. what is mininum punishment? is it possible to just pay a fine without losing my license or undergoing counsling? please help, Norwalk OH… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS
I AM GOING TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS SHOPLIFTING BY CONCEALING MDSE - 38 VARIOUS FLOWER PACKETS VALUE UNDER $250 OFFENSE COE 266/30A/D I HAVE BEEN UNDER DOCTORS, THERAPIST, AN… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Recently charged with multiple misdemeanor charges in a
recently charged with multiple misdemeanor charges in a different state then i live. what can i do to avoid appearing in court and can i set up payment plans for the fines … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I'm in court today at 1330 for four counts of misdemeanor
I'm in court today at 1330 for four counts of misdemeanor credit card fraud They want me to plea guilty to 2 of them and do 3 yrs formal probation I'm an RN for 15 yr first time offense … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x