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.

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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: Dec 22, 2020

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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.

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