Q: I was arrested on December 20th 2018 for possession and intent to deliver I had it dismissed at the district level what
I need to know the statute of limitations on re-arrest and recharged cuz I was never tried and I have to go back to the police station to get my belongings and I'm afraid they may have re-arrest me
A:
The statute of limitations for Possession with Intent to Distribute (PWID), an ungraded felony, is five (5) years. The statute of limitations for Possession of a Controlled Substance, an ungraded misdemeanor, is two (2) years. So they've got a long time to re-charge and re-arrest you if they want to.
In addition, if you leave Pennsylvania, the time that you're NOT in Pennsylvania doesn't count for statutes of limitation purposes. Per the statute, this includes all time "the accused is continuously absent from this Commonwealth or has no reasonably ascertainable place of abode or work within this Commonwealth." So if you move away, the clock *stops* running -- and only re-starts upon your return.
And, frankly, if it's going to happen again, let it happen and fight it now. No sense hiding in the shadows for years because you're afraid of re-arrest. If they want to re-arrest you, they'll find you -- so you might as well face it head-on.
Best of luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
