Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

How is the statute of limitations in CO, for a failure to…

How long is the...

How long is the statute of limitations in CO, for a failure to appear on a misdemeanor possession of marijuana charge.

Lawyer's Assistant: Do they have any upcoming court dates on the drug possession charges?

Yes, on April 2nd. I was arrested on March 24, based on a misdemeanor possession dated in 1997. The warrant for my arrest wasn't issued until 12 years later, in 2009.

Lawyer's Assistant: Have you talked to a CO lawyer about this yet?

As it's the weekend, I v

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

As it's the weekend, I was referred to a Civil Rights attorney, but cannot contact him until tom.

Show More
Show Less
Ask Your Own Legal Question
Answered in 21 minutes by:
3/25/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,299
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Legal Question
Customer reply replied 3 months ago
Good morning Zoey, and no worries. Thank you for your assistance.

A statute of limitations defines how old a case can be before it is too old to be prosecuted. Once the case is filed, the statute of limitations is no longer an issue. Here, if the case was filed back in 1997 and the failure to appear not issued until 2009, the statute of limitations won't help you.

That's not to say you don't have other arguments. If you've been in the state, for example, there's no reason you shouldn't have been served notice of this warrant and brought in on it much earlier. One could argue that the state clearly failed in its due diligence and quash the warrant on that ground.

If you were in the state all that time and the case itself was not filed with the court for 12 years, that would be a statute of limitations problem and the warrant and the case could be dismissed.

If you left the state and resided elsewhere, that would toll the statute of limitations (suspend it) until you returned or were picked up in the state.

Ask Your Own Legal Question
Customer reply replied 3 months ago
I had left CO to move to FL, to try and save my marriage. I've been residing outside of this state for 19 years, and just returned in June of 2017.
Customer reply replied 3 months ago
I don't understand why the warrant wasn't issued in 1997, wen I failed to appear. And again, how can they wait 12 years before issuing the warrant?

Absence from the state suspends the statute of limitations. They have no jurisdiction over you when you're in another state. When you came back in 2017 and the state thereafter found record of you, they could file the case and the warrant.

You could still argue that you could have been notified. But your argument is much weaker since the law actually supports their position. I'm not saying you deliberately were looking to evade your Colorado court obligations by fleeing the state. What I am saying, however, is the law keeps people from leaving in order to wait out a criminal case and come back when it's safe by suspending the statute of limitations.

You can still make a due diligence argument, and frankly the state is not likely to be heavily vested in a marijuana misdemeanor after all of this time. But it is likely not going to be instantly dismissable either unless by now they've lost the lab report.

Ask Your Own Legal Question
Customer reply replied 3 months ago
Okay, but why issue the warrant in 2009, based on a charge from 1997. I had been gone for 12 years?

I have no idea. The warrant should have been issued in 1997, which was my point about due diligence. You can get the warrant quashed on due diligence grounds. But the case itself can't be dismissed because both the statute of limitations and your right to a speedy trial would be suspended by your voluntary absence from Colorado. This is not to say that your lawyer shouldn't try to dismiss it on the same grounds. It only means that there's a counterargument that probably will prevail.

Ask Your Own Legal Question
Customer reply replied 3 months ago
Thank you for all the help, as I'm now clear on a lot of points. Trust me, if I had known about the warrant, I would have taken care of it. I'm not the person I once was. You have a great day Zoey, and again, thank you. M

I'm sure you would have. I wish you luck with this case and hope it can be resolved most favorably for you.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,299
Experience: Active member of the NYS bar since 1989
Verified
Zoey, JD and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,299
31,299 Satisfied Customers
Experience: Active member of the NYS bar since 1989

Zoey, JD 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:

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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have had an arrest warrant served for Failure To Appear in
I have had an arrest warrant served for Failure To Appear in court. The original offense was for not renewing the vehicle registration. I appeared in court on the next court date provided and paid all… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My son lives in Colorado; however, has a Class Misdemeanor
My son lives in Colorado; however, has a Class B Misdemeanor in Travis County, Texas for possession of Marijuana. The offense was April of 2010 and a bench warrant was issued the same month. He doesn'… read more
Zoey, JD
Zoey, JD
Attorney
31,299 satisfied customers
How to request continuance in Laramie Wyoming municipal court
How do I request a continuance in Laramie Wyoming municipal court to avoid having to appear Monday 10/24 9:00 AM. I live in Tucson, AZ.… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My husband was pulled over in NH expired inspection
My husband was pulled over in NH for an expired inspection sticker. He was ticketed for the sticker but the officer said that He smelled marijuana. My husband refused to consent to search so the vehic… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I was FTA (failure to appear) in Tarrant County Texas two weeks
I was FTA (failure to appear) in Tarrant County Texas two weeks ago, Tuesday, November 18 County Criminal Court 6, Judge Molly Jones, prosecutor Sarah Peerwani. Charge was Class A Misdemeanor Repititi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,532 satisfied customers
I have recently went through a divorce in Georgia. I was found
I have recently went through a divorce in Georgia. I was found in contempt and was ordered to pay a new modified child support and alimony scheduled on January 27, 2009. I then attended a compliance h… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I have a failure to appear on a driving while suspended misdemean
I have a failure to appear on a driving while suspended misdemeanor and check deception misdemeanor from 2003 is there a statue of limitations on this? Or will there be a warrant on me forever? Please… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
My son was riding in a car that was stopped by the state police
My son was riding in a car that was stopped by the state police in April. Marijuana was found in the vehicle (actually, in my son's pocket). There were 2 18+ yearolds also in the car. My son was 17 at… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,804 satisfied customers
Hello. I am a student at Colorado School of Mines, and had
Hello. I am a student at Colorado School of Mines, and had the horrible realization that criminal records may prevent me from actually getting a job after graduation. My first ticket is possession of … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,030 satisfied customers
what is the statue of limitations for a misdemeanor of domestic
what is the statue of limitations for a misdemeanor of domestic violence and failure to appear in court in Nebraska ?… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
in April 4 1975 i was charged with two felonies Count 1 ,
in April 4 1975 i was charged with two felonies: Count 1 , aggravated assault. count 2 assault with intent to commit a violent felony. CASE # XXXXX in the District court, Santa Fe, NM. On December 8-X… read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
do misdemeanors cross state lines if you have a misdemeanor
do misdemeanors cross state lines? if you have a misdemeanor in SC and get the same misdemeanor in TX will the SC misdemeanor show up? thank you… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
How many patients can I grow medical marijuana for if i am
How many patients can I grow medical marijuana for if i am a registered caregiver In La Ca. vs Oakland Ca. and total # XXXXX plant mature and imature and how much dried ?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
On Nov. 25, 2004, I was in an accident involving a police cruiser,
On Nov. 25, 2004, I was in an accident involving a police cruiser, I was turning left across traffic lanes when the police car struck me in the passenger rear quarter panel. Ofcourse I was the one who… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My daughter was charged with possession of marijuana, drug
My daughter was charged with possession of marijuana, drug para and no tax drug stamp. Her vehicle was taken to the police station. The Public Defender filed a Motion to Suppress due to an illegal sea… read more
Zoey, JD
Zoey, JD
Attorney
31,299 satisfied customers
I am from Atlanta, GA, I had never been arrested before until
I am from Atlanta, GA, I had never been arrested before until March in Sparta, Tennessee they searched my vehicle and found marijuana seeds and stems. I was arrested and charge with misdemeanor posses… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
I was arrested in Iowa for possession of a small ...
I was arrested in Iowa for possession of a small amount of Marijuana which is the second level misdemeanor in Iowa. What is the statue of limitations if they issue a warrant on such an offense? How lo… read more
Michelle
Michelle
Paralegal
Associate Degree
112 satisfied customers
What is the time limit or statue of limitation on ...
What is the time limit or statue of limitation on a battery charge in ventura california? I have two friends who are now married and 12 years ago there was a conflict betwen the two of them and a char… read more
MJL
MJL
Attorney at law
Juris Doctorate
74 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