Criminal Sales And Possession In New York
I have a rather complex question, there is a particular situation which has transpired which has boggled me to a great extent. There were charges pressed for criminal sale and posession of marijuana (over 28.5g, lsss than 4 oz.) and criminal sale and posession of a cont. substance (1tab xtc). When these charges were file, I hd no recollection of the said second even ever occuring, despite the fact that they supposedly occured at the same time. Irrelevant to that fact though, I was brough before a local court and sent to jail in lieu of 1500 bail. I sat in jail for a perios of 8 months, at which time, having no forward motions being made on the case, struck the "ungodly deal". Now here are where things become even more complex. Let me also state that the supposed "event" occured in november 2003, and the charges were filed against me in april of 2004. I was released on pre-trial in January of 2005. at which time i caught a different "case" which was thrown out due to it being a "false accusation with no witnesses" in a different county, which obviously sent me from one county jail back to the original. at this time, i was once again, re-released for this stupid deal, which by the way, those of you reading who comment on "snitches" I NEVER FOLLOWED THROUGH WITH ON A SINGLE INSTANCE. I was later brought up on a completely different simple "violation" which was also thrown out, charges dropped. at which time, i ahd discussed with my lawyer the posibility of probation or the drug court program. this occured early in 2005. Despite numerous attempts to contact both the lawyer, the pre-trial probation dept, AND their attempts to contact me, no actions have been taken. Now, as of june of 2007, I was brought up on other charges, some of which are true, some of which are false, but they are all still in the court system, they are misdemeanor charges stemming from a domestic violence issue. In a recent conversation between my lawyer on the original drug case, based on her statements in regards to the issue the parties involved (herself, the DA AND my current lawyer) wish to "overlook" these never completed charges. I would most likely chalk that up due to the time and money that would be involved, as well as the complexity. Also important to note that the only charge on my record i have EVER been convicted of is a disorderly conduct charge, about 4 1/2 years ago. Now, my real concern is that thes charges are about to come up. (the drug charges) What type of statute of limitations should there be in place over these charges? And would there not be some type of recourse to consider being that NO motions whatsoever have been filed in nearly 3 years? ALSO, should it not be taken into consideration that I have NO drug involvement whatsoever since I was arrested on those charges? (been clean since arrest on drug charges) ALSO it should be important to note that I maintain my own residence, which i work and pay for, i pay my bills, taxes and child support, do NOT go out in the public, to bars or the like and do NOT cause general mischeif. I am basically a total model citizen, abididng my the general laws, and simply attempting to have a quality family and home life with my fiance and 1 yr old child. I am thouroughly confused as to any type of appropriate action or directions, words to speak to the right people..... im thouroughly stressed and frustrated.. thank you in advance for any suggestions and assistance (other than "get a lawyer")
:wallbang: :wallbang:
Re: Criminal Sales And Posession Over 3 Years Old In New York
New York's criminal statute of limitations depends upon the crime charged. For most felonies, it is five years. For misdemeanors, ordinarily two years.
The New York criminal statute of limitations provides,
Quote:
Quoting New York Code, Section 30.10 - Timeliness of prosecutions; periods of limitation.
1. A criminal action must be commenced within the period of limitation prescribed in the ensuing subdivisions of this section.
2. Except as otherwise provided in subdivision three:
(a) A prosecution for a class A felony may be commenced at any time;
(b) A prosecution for any other felony must be commenced within five years after the commission thereof;
(c) A prosecution for a misdemeanor must be commenced within two years after the commission thereof;
(d) A prosecution for a petty offense must be commenced within one year after the commission thereof.
3. Notwithstanding the provisions of subdivision two, the periods of limitation for the commencement of criminal actions are extended as follows in the indicated circumstances:
(a) A prosecution for larceny committed by a person in violation of a fiduciary duty may be commenced within one year after the facts constituting such offense are discovered or, in the exercise of reasonable diligence, should have been discovered by the aggrieved party or by a person under a legal duty to represent him who is not himself implicated in the commission of the offense.
(b) A prosecution for any offense involving misconduct in public office by a public servant may be commenced at any time during the defendant`s service in such office or within five years after the termination of such service; provided however, that in no event shall the period of limitation be extended by more than five years beyond the period otherwise applicable under subdivision two.
(c) A prosecution for any crime set forth in title twenty-seven or article seventy-one of the environmental conservation law may be commenced within four years after the facts constituting such crime are discovered or, in the exercise of reasonable diligence, should have been discovered by a public servant who has the responsibility to enforce the provisions of said title and article.
(d) A prosecution for any misdemeanor set forth in the tax law or chapter forty-six of the administrative code of the city of New York must be commenced within three years after the commission thereof.
(e) A prosecution for course of sexual conduct in the first degree as defined in section 130.75 of the penal law and course of sexual conduct in the second degree as defined in section 130.80 of the penal law may be commenced within five years of the commission of the most recent act of sexual conduct.
(f) For purposes of a prosecution involving a sexual offense as defined in article one hundred thirty of the penal law committed against a child less than eighteen years of age, incest as defined in section 255.25 of the penal law committed against a child less than eighteen years of age, or use of a child in a sexual performance as defined in section 263.05 of the penal law, the period of limitation shall not begin to run until the child has reached the age of eighteen or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.
4. In calculating the time limitation applicable to commencement of a criminal action, the following periods shall not be included:
(a) Any period following the commission of the offense during which (i) the defendant was continuously outside this state or (ii) the whereabouts of the defendant were continuously unknown and continuously unascertainable by the exercise of reasonable diligence. However, in no event shall the period of limitation be extended by more than five years beyond the period otherwise applicable under subdivision two.
(b) When a prosecution for an offense is lawfully commenced within the prescribed period of limitation therefor, and when an accusatory instrument upon which such prosecution is based is subsequently dismissed by an authorized court under directions or circumstances permitting the lodging of another charge for the same offense or an offense based on the same conduct, the period extending from the commencement of the thus defeated prosecution to the dismissal of the accusatory instrument does not constitute a part of the period of limitation applicable to commencement of prosecution by a new charge.