How long can a felony drug charge be pending?

A felony drug charge can be pending for as long as the statute of limitations runs, which can be years. Courts may even be delaying charging you so they can get a warrant to search your house property and build a stronger case against you. If you're facing pending felony drug charges, consult with a qualified criminal attorney or seek a case evaluation via the form below as soon as possible.

UPDATED: Jul 13, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 13, 2023

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UPDATED: Jul 13, 2023Fact Checked

A pending felony charge. like from an open police investigation, usually can be held over your head without filing court charges until the statute of limitations runs, and that can be years.

The police may have their case against you locked in tight, but the prosecutor may still have instructed them to widen the case and also try to build a case against other individuals related to your offense. They may even be delaying charging you so they can get a warrant to search your house or someplace else to build a stronger case against you.

There even may already be one or more people charged in the case and the prosecutor wants to finish up their cases and make a deal with them to testify against you later. He may have to do it in this order, because otherwise he cannot compel them to testify against you if doing so would incriminate themselves too.

After their case is done, their legal protection against self-incrimination evaporates, and they can be used against you. If you have already been indicted or charged, then there likely is a “speedy trial” law in your state. This kind of law gives you the right to make the prosecutor go forward with the case – usually within 30 to 180 days – or you walk.

Consult with a qualified criminal attorney, or seek a case evaluation via the form below as soon as possible.

Case Studies: Exploring Delayed Charging and Strategic Case Building in Felony Drug Charges

Case Study 1: Delayed Charging for a Stronger Case

John, a suspect in a felony drug case, experienced a pending charge for several years. The court had not filed formal charges against him, as law enforcement aimed to gather more evidence to build a stronger case. They strategically delayed the charges to obtain a warrant and search John’s property, hoping to uncover additional evidence.

Case Study 2: Building a Comprehensive Case

Sarah found herself in a complex legal situation. While she faced a pending felony drug charge, law enforcement and prosecutors sought to widen the case. They built a strong case against Sarah and others, delaying the charges to gather evidence and negotiate deals. Sarah sought legal counsel and understood her rights.

Case Study 3: Speedy Trial Rights

Mark, who had been indicted on a felony drug charge, exercised his rights under the “speedy trial” law. This law required the prosecutor to move forward with the case within a specific timeframe, typically ranging from 30 to 180 days. Mark’s lawyer protected his rights and prevented trial delays. Consulting a criminal attorney helped Mark navigate the legal process and seek a timely resolution.

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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