Q: How long does Colorado jeffco drug task force have to file charges after I was detained around Christmas 2020?
At the end of 2020 I was detained in relation to a multi-count indictment because i had a hotel room with my friend who was one of the indicted. The task force had search warrant for my car and the hotel room, and kept $1000 and my phones. Overall they wound up, they say, with enough weight to charge me with a DF 2, but wanted to see if I would "cooperate" with them. That is not something that I can do. Can they threaten me with impending charges INDEFINITELY, or is there a window of time? Also, how do I go about retrieving my phones and money?
A:
The statute of limitations for a drug felony in Colorado is 3 years, meaning the DA has 3 years from the time of the offense to when they must file charges or the court loses jurisdiction. Note that this is filing charges, not the time for the case to be resolved. This can be tolled up to 5 years if the defendant is outside of the state of Colorado, and if there are COCCA (“Colorado Organized Crime Control Act") allegations, the period does not start running until the discovery of the predicate criminal act, as opposed to when the act occurred.
How you would go about getting your property back will depend on if you are charged, and given the seriousness of a DF2 charged compared to the value of the property, you would be smart to consult with an attorney about the pros and cons of litigating that issue while the statute of limitations is running before taking any action.
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