Drug Crime Related Questions
If suspected of a drug crime, can police enter a person’s home? What is the Statute of Limitations on a drug crime? If you are suspected or arrested due to a drug crime, it is important to know your options and rights.Consulting with a verified Expert online is the quickest way to get an answer.
Read below where legal Experts have answered questions for drug crime defendants.
What is the Statute of Limitations on a drug crime?
The Statute of Limitations is essentially a time bar that prevents prosecution for crimes that were committed before a certain date. For example, in federal drug crimes, the Statute of Limitations is five years. If the police search a person’s house and find drugs today, the police have five years from today to charge the person with a crime. After that, the police are time barred from prosecuting the person.
How long can police investigate a person for an alleged drug crime?
A police investigation can carry as long as the police think they can achieve something. They will check developments and try to tie in information with any similar cases or ongoing criminal activity. If the police collect enough evidence to identify a suspect they will interview the person and take the appropriate action for each particular case. There is no time limit by law on how long an investigation can take, but once an individual is arrested only five years is allowed to charge a person with the crime.
Can the police enter a person’s home if the he/she is suspected of a drug crime?
Other than in an emergency situation, the police cannot enter a person’s home without a warrant. The suspicion of a drug crime does not allow the police to enter a person’s home. Police may have lots of suspicion, but will need to take the facts to a judge and have a warrant issued before legally entering the home and searching for drugs.
How can a person accused of a drug crime request a copy of the arrest?
If a person is a defendant on a case and is represented by counsel, discovery requests can be made through his or her attorney. If the person has plead “not guilty” to the charges and is going to trial, there are motions and discovery requests that are filed by the defense. However, these take time to be drafted, filed, responded to and ruled upon by the judge. Meanwhile, prosecutors tend to hang on to their evidence for as long as allowed by the court to do so. An individual’s attorney will need to make a timely request for all the discovery that the defendant is entitled to, but if the state has not yet been forthcoming, the attorney will not have such information. There are court procedures that need to be followed. Things don’t necessarily get done on a defendant’s time frame, but the courts.
In Nebraska, when will the Statute of Limitations run out, if a person is convicted of a drug crime, but does not have a drug tax stamp?
Case Details: The state put a lien on the person’s property.
If the state has a lien, it is not going to expire. The state will send it to a state central collection agency and will get their money one way or another (through wage garnishment, etc.). There is no Statute of Limitations on a state lien.
Should a person be concerned that he/she has knowledge his/her ex-spouse committing a drug crime?
It is not crime to have knowledge of illegal activity. It’s illegal to assist someone to commit a crime.
In Mississippi, what is the maximum fine for a drug crime of simple possession?
For a simple possession, the maximum fine is $350.00, and for paraphernalia, the maximum fine is $500.00 with up to six months in jail. A person’s driver’s license is also suspended for six months for any conviction.
In Missouri, will a person have to submit a DNA test while attending drug court for a drug crime?
It depends on whether the offender has sustained a conviction, and if so the severity of the conviction. Missouri mandates DNA samples from people ages 17 or older for certain types of crimes, and for all felony offenses. Sometimes a defendant is in drug court as the result of a misdemeanor or with a deferred judgment, but if the person in drug court has plead guilty or no contest to a felony drug crime, or has been found guilty of a felony drug crime, the state can mandate that the person submit to a DNA test.
Many legal questions may arise when a person is facing drug crime charges. It is vital to know your rights and to obtain the accurate information you need. Verified legal Experts are available to assist you and direct your path. Online Experts are available to assist you at your convenience regarding your specific needs.