Arrested Over 2 Years Ago, No Charges Yet

[kkandtannmommy]

My question involves criminal law for the state of: Mississippi

I was arrested two yrs ago last month, for (felony) possession of a controlled substance (oxycontin)

I was in jail for 2 days, and had a bond hearing on the 2nd day. I was bailed out shortly thereafter. I acquired an attorney and paid him 5000 dollars as a retainer. I entered outpatient rehabilitation 2 weeks after being released and stayed in until last month, being drug tested randomly for 2 yrs and not ever having a illicit drug screen. I also had a baby last year. I went back to college a year ago, and have completed all my pre-reqs for nursing school. I was accepted into the nursing program and am to start my nursing classes in August. Basically, everything in my life is going very well.
I am required to undergo a fingerprint background check with everyone else in my class in August. My question is, since the DA never brought charges against me, have the time limitations passed for them to bring charges against me? From what I have found, the law in MS is that they have two years to bring charges from the date that the crime was allegedly committed, as long as it is not murder, rape, robbery, etc. I have not heard a single thing from anyone except my lawyer just checking in and letting me know he hasnt heard anything. I only had a bail hearing in jail, never even a preliminary hearing. Never had a chance to plead not guilty, etc. I am worried sick that I will be a year into nursing school and then they will try to indict me and all this school and hard work will be for nothing, because I cannot get my nursing license with ANY convictions, even misdemeanor. Thanks so much for your help!

[free9man]

You may still have problems. A background check is going to see that arrest. There will probably also be questions about arrests/drug related incidents on job apps, if not also on the license app. I just looked at the app and it references 2 critical points for you.

1. You have to let them know if you have pending charges. This might be considered pending. You need to get with your lawyer and find out what exactly is going on. While it's not unheard of, I can't imagine the prosecutor's office has just forgotten about you. They may have delayed prosecution while you were in treatment and may move forward now. Did you sign anything that might have agreed to that?
2. You must disclose any recent (5 years) drug abuse problems.

While I certainly hope that you have not wasted your time in school, you should discuss this in a circumspect manner with your school adviser. You can understand why the state and/or potential healthcare employers might have concerns about licensing/employing someone with a history of prescription drug abuse, right?

[kkandtannmommy]

Thank you. I appreciate your time more than you know. The fingerprint background check is only going to disqualify us from nursing school if we have any convictions, according to what the nursing directors said at orientation. I have given this entire process a lot of thought, and I do see where an employer/the board would have trouble with hiring someone who answered yes on the last 5 yrs drug abuse question. However, I will not be through with nursing school until May 2013, which will be a little over 5 yrs since I was arrested. The day of my arrest was the last day I ever touched a narcotic. It's not the best situation, I know, but I should be able to answer honestly on the licensing application after I finish nursing school.
On the other issue, which is pending charges, I looked up the definition of pending charges (in a legal sense), and found that "charges" are not "pending" until the DA actually formally charges you with a crime. I have never ben to court, never signed anything, in fact- no one has ever even asked if I am in treatment(except family and lawyer). My lawyer got the treatment center to write a letter about a year ago so that he would have it if and when the time ever came for them to finally deal with me. But, 26 months have passed and nothing. I don't have to go "sign in", nothing. I have never heard a single thing from them DA, police, etc. And I don't have a warrant, because I went through a road block(checkpoint) a few weeks ago and they ran my DL,it came back clear, and I heard the dispatcher say over the radio"no criminal history" when they gave my info back over his (handheld)radio.
Is the statute of limitations not 2 yrs from date of arrest to bring charges against me?
I have used this source, among others, to draw this conclusion :
From the Mississippi Code of 1972:
§ 99-1-5. Time limitation on prosecutions.



The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2), or exploitation of children as described in Section 97-5-33. A person shall not be prosecuted for conspiracy, as described in Section 97-1-1, or for felonious assistance program fraud, as described in Section 97-19-71, unless the prosecution for such offense be commenced within five (5) years next after the commission thereof. A person shall not be prosecuted for larceny of timber as described in Section 97-17-59, unless the prosecution for such offense be commenced within six (6) years next after the commission thereof. A person shall not be prosecuted for any other offense not listed in this section unless the prosecution for such offense be commenced within two (2) years next after the commission thereof. Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.



Sources: Codes, Hutchinson's 1848, ch. 65, art. 2(52); 1857, ch. 64, art. 247; 1871, § 2766; 1880, § 3002; 1892, § 1342; 1906, § 1414; Hemingway's 1917, § 1169; 1930, § 1194; 1942, § 2437; Laws, 1912, ch. 261; Laws, 1989, ch. 567, § 1; Laws, 1990, ch. 412, § 1; Laws, 1993, ch. 440, § 1; Laws, 1998, ch. 582, § 1; Laws, 2003, ch. 497, § 1; Laws, 2004, ch. 539, § 1; Laws, 2008, ch. 530, § 1; Laws, 2010, ch. 358, § 1, eff from and after July 1, 2010.

[free9man]

I have given this entire process a lot of thought, and I do see where an employer/the board would have trouble with hiring someone who answered yes on the last 5 yrs drug abuse question. However, I will not be through with nursing school until May 2013, which will be a little over 5 yrs since I was arrested. The day of my arrest was the last day I ever touched a narcotic. It's not the best situation, I know, but I should be able to answer honestly on the licensing application after I finish nursing school.

I don't think you are understanding the 2nd point. It asks if you have abused drugs or sought treatment for drug abuse, not if you have ever been charged. 2013-2011(when you finished treatment)=2 years. You will have to disclose the abuse and treatment. It may not automatically disqualify you but it will put you at the back of the line behind people who have always been clean. You know, having been through rehab, that you are not cured. You will forever be open to temptation. The right amount of stress could cause a re-lapse, which in a nursing environment could get ugly.

On the other issue, which is pending charges, I looked up the definition of pending charges (in a legal sense), and found that "charges" are not "pending" until the DA actually formally charges you with a crime. I have never ben to court, never signed anything, in fact- no one has ever even asked if I am in treatment(except family and lawyer).

You had to bond out, that means you were charged with something.

Is the statute of limitations not 2 yrs from date of arrest to bring charges against me?

Normally yes but I don't know MS caselaw on such things as whether rehab technically makes you "absent" for purposes of charges. As I said, you need to sit down with your lawyer AND the prosecutor and find out what is going on. If it has legally passed the statute of limitations, you want something from the prosecutor and the court indicating no charges are/will be pursued. Then you could pursue getting the charge expunged.

[kkandtannmommy]

why on earth would outpatient rehab make me absent? I never spent a single night not in my home, and I only go once a month for about 30 min to visit my counselor. I entered the program on my own, just because I thought it would be a good idea. And, like I said, they don't even know I was in the program at all.

[free9man]

why on earth would outpatient rehab make me absent? I never spent a single night not in my home, and I only go once a month for about 30 min to visit my counselor. I entered the program on my own, just because I thought it would be a good idea. And, like I said, they don't even know I was in the program at all.

Then you, your attorney and the prosecutor need to have a meeting and put this thing to bed so you can be certain the charges are gone and seek to have the charge expunged. It does not change the fact your abuse & treatment must be disclosed to the licensing board if you seek a license prior to 2017.

[mindrd]

Ok, my question is how is there no charges against him when he clearly had to be bonded out of jail? Even if they decided to pursue charges against him, he should never talk to a prosecutor about any case. My other question is, When are you going to get the money back from the police station that you used to be bonded out with?