Q: In regards to searching my purse..my purse was in car with the passenger and I was in cop car. For at 10 minutes then
The cop searched my purse and found what appeared to be drugs charged 5th degree possession and 4th degree DUI...2.5 years later the timing is that legal statute of limitations?
A: There are two separate issues here. The constitutionality of your encounter with law enforcement. Was the traffic stop legitimate? Was the search of your purse constitutional permissible? Issues along those lines could result in suppression of the evidence against you and dismissal of the charges. The second issue is the one that you raise - the statute of limitations. The statute of limitations in Minnesota for most felonies and misdemeanors is three years. But that is from the date of the offense to a charging decision. Two and half years seems like a long time to charge something like this, but I wonder if it was on warrant status for a period of time. I'd suggest that you reach out directly to a criminal defense attorney for representation. You should not be fighting this battle alone.
A: The shortest Minnesota statute of limitations period is three years, for Minnesota criminal charges. A person facing criminal drug possession and DUI charges would benefit from legal representation by an experienced criminal defense attorney. You lawyer, with your help, should gather all available facts and information about the case, analyze them, and assert defenses that could help win or mitigate your case. Those could be in the form of pretrial motions and then potentially a jury trial. One of the possible pretrial evidentiary issues could be whether a search was illegal. If it was, the judge would normally suppress the evidence, meaning the prosecutor could not use it in their case-in-chief. Sometimes that in turn can result in dismissal of drug crime (and other) charges. Work with your public defender or private criminal defense lawyer.
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.