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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118765
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My daughter is in jail since march 8 2016. She is charged w

Customer Question

My daughter is in jail since march 8 2016. She is charged w possesion over 400 grams of meth. The DA does not have any information on the filing of charges yet, almost 2 months after her incarceration. People are telling her the DA only have 60 days to get charges filed or she walks free. Is that correct?
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best.
Customer: She was arrested by the CAT team. The narcotics task force in LA. She also said the FBI was present at her arrest and questioning. They had her and another person under survellience. The police watched them transport over 400 Grams of meth across the texas/lousiana state line while driving in my daughters vehicle
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: Thats about it
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This happened in what state? She was arrested by the feds or state authorities?
Customer: replied 1 year ago.
In LA by state authorites i believe. She is in parish jail in lake charles.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
LA code of criminal procedure Article 701 states she has to have a bill of information or indictment filed within 60 days of her arrest. If it has been more than 60 days, her attorney/public defender would file for a 701 release for failure to bring the indictment or bill of information in time. This would not apply if the feds are charging her with charges, which maybe the case in this and her attorney needs to check that as well, because that is likely for transporting over state lines.
She could be facing federal charges and in that case she is going to need to get her attorney to file a motion for bail and arraignment in the federal court (again it depends on whether the parish DA or the US attorney will charge her and it seems like with this delay the feds may be considering taking charges).