Oklahoma prosecutors have a limited period of time in which to press criminal drug charges against an individual. This allows police and the prosecutor sufficient time to determine if probable cause exists. Then to formally charge someone with a drug crime. Oftentimes, with drug charges, it could take a prosecutor up to one year or even longer to get probable cause. Drugs must go to a lab for analysis before there is confirmation that a drug is an illegal substance. If the charge isn’t brought within a certain time the criminal statute of limitations may apply.
Whether the drug charge is a misdemeanor possession or felony possession, the state has three years to press charges. However, this three year statute of limitations period is not effective when the person is not a resident of Oklahoma or is outside the state of Oklahoma. This means that you essentially need to remain in the state of Oklahoma for the three years. Once you leave the state, the counting towards those three years statute of limitations in Oklahoma ends. It restarts upon your return.
It is often much easier to determine that marijuana is in fact marijuana. So charges for marijuana possession might occur much quicker once the prosecutor has probable cause. On the other hand, with cocaine, methamphetamine and other controlled substances, it could take a very long time. If someone receives charges of felony possession, it is best to contact an experienced criminal defense attorney. If you ignore the possibility of the charge, you may be setting yourself up for trouble.
Ignoring a potential charge will only make the charge more serious if you in fact end with charges of the crime. By seeking legal advice early on, the attorney can prepare you for what to expect, what you should do in the meantime to stay out of trouble. The attorney can also perhaps neogtiate the drug possession charge down to a lesser charge if the client takes care of the issue right away. Prosecutors are likely to negotiate some sort of deal for individuals without criminal records, giving them a second chance to avoid breaking the law in the future.
Time Police Have to Bring Drug Charges in Oklahoma:
Because it is always unclear as to when you may be charged with a drug possession crime, it is best to lay low, stay out of trouble and show that you are of good moral character and are capable of rehabilitation without jail time or hefty fines. Many people believe that if they haven’t been charged six months after being arrested for suspected possession, that they are in the clear and no charges will ever be brought. Unfortunately, the law is not always clear. Oklahoma citizens would likely not know what the statute of limitations period is without researching it themselves. Hopefully, this information will help you or a family member prepare for what could be a stressful time. However, with the help of an attorney, the stress will be much less than it would normally be.
Statute of limitations is Important to Your Case:
A statute of limitations for criminal acts intends to protect people like you. There are many different ways that a statute of limitations can be to your advantage. From the beginning of your case until the absolute end we’re in you corner. Don’t skimp when it comes to defenses available to you.
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