I was arrested in December 2007 and February 2008 for possession of cocaine. I went to a 6 month rehab facility. I have tired several times to contact my public offender. Each time I was told the DA hasn't done anything. Now It has been over 4 years, my public offender tells me that the case was indicted back in October and I had a plea hearing but I was never notified. I have inquired on if there was a contempt of court warrant for me but there is not. I also asked had another date been set. The is no date set through August this year. But they are wanting to give me 5 years probation and fees attached. I don't think this is fair. What is your opinion of this situation. At this time, Im remarried with 2 children and currently in school to be myself and just want this behind me.
Here is Code Section 17-3-1, 2, 2.1
Statute of Limitations
Felonies Forcible rape: 15 yrs.; Murder: none; crimes punishable by death or life imprisonment: 7 yrs.; others: 4 yrs.; crimes against victims under 14: 18 yrs.; for victims under 16 yrs. of age of offenses such as rape, sodomy, incest, and child molestation (occurring after 7/1/92), the statute will run upon the victim turning 16 or when the violation is reported, whichever occurs earlier. If DNA evidence establishes identity of accused in armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery: none
Misdemeanors 2 yrs.
The statute of limitations on your case is four years and from the dates you have given, if in fact the cases were indicted in october of last year, they fall within the SOL. If your attorney told you the case was accused or indicted then the statute of limitations has tolled and is no longer an issue. Continue to contact your public defender for a status update on your case. It may not be all bad though, age on criminal cases usually works in favor of the accused.
The minimum sentence for cocaine is 2 years if it's your first offense and 5 years if it would be your second conviction. Maybe you can plead and get less probation, however, a seasoned lawyer might be able to get a 4 1/2 year old charge dismissed if there's no evidence remaining.
If you insist on calling your lawyer a "public offender" then perhaps you need to get a job, save some money and hire a lawyer to take care of a case you caught nearly 5 years ago.
The Statute of Limitations for your class/type of case is 4 years. It definitely sounds like the state is within the statute of limitations. A plea to any charge, however, should not be taken lightly. Make sure that your attorney has explored any possible suppression issues and be sure there are no equal access concerns. Without knowing more about the facts, it is difficult to advise you as to how to proceed. I suggest speaking to your attorney further about the concerns you may be having.
Congratulations on attending rehab and putting your family in the forefront. That is commendable!
