Statue Of Limitation On Possession Of Marijuana

[Alfie]

Ok it will be 4 yrs. In march and the police came to my house investigating a robbery and they were lookin for a safe, they came to my home and did not find one! My brother was present and they searched him and found a bag of marijuana, they took it but did not arrest him because they said that's not what they came looking for...now here it is 4 yrs. Later their arresting him for the marijuana that the caught him with 4 yrs. Ago, is there a statue of limitations on this??

ANSWER: Denisha-

You present several issues and we really don't have a lot of information to work with. First, 4-years ago, did the police have a search warrant for your house when they came looking for the safe? Second, if not, did your brother give them consent to search the house and/or his person? These are issues you should bring to the attention of his defense attorney and really not the immediate question here.

The Statute of Limitations in most states is 5-7 years for a felony. However, several states have a 1-year Statute of Limitations on misdemeanors - usually the charge for simple possession of marijuana. The police should also be required to justify their "failure to prosecute" the marijuana charge 4-years ago. As a side note, we would also have his attorney check the "chain- of-custody" of the marijuana and confirm the existence of a filed laboratory analysis report on the marijuana. After such a long delay, there is a better than good chance the police dropped the ball.

-The MPM Group, Inc.

---------- FOLLOW-UP ----------

No there was no search warrant and no they didn't have permission to search him nor did they have permission to enter into my home. When we were walkin out of the room we noticed the police were in the home and had their guns drawn and told us to put our hands up. Their also trying to charge him with ongoing criminal conduct for this charge but wouldn't they have had to charge him with that at the time of the arrest?? He was never arrested for the possession charge until now!