Is it legal for police to file charges on me 4 months after an incident?

I was pulled for a moving violation. It was a female friend passenger and I. The police asked me if they could check me, so I allowed them. They found $1000 in my pocket. Meanwhile, another officer questioned my female passenger who admitted to the officer she had drugs in her pants. However, she said that the drugs were mine. They then told me they were going to arrest her and allowed me to get my things from my rental car, which they impounded it. They released me but now they have filed possesion of a controlled substance with intent to distribute charge against me. How can they do this and what can I do about it?

Asked on February 16, 2013 under Criminal Law, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon the fact pattern that you have written about it is perfectly legal for law enforcement to have stopped you for an incident four (4) months ago and then charge you with the crime. Under the laws of all states in this country the statute of limitations for a crime is at least one (1) year from the incident.

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