Philadelphia, PA asked in Criminal Law and Constitutional Law for Pennsylvania

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

1 Lawyer Answer
Cary B. Hall
Cary B. Hall
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

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.

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