QUESTION:
on July 2, 2015, our place was raided,we had 1/2 gram siting all the bed with pipes (that’s all we had) but they came upon 7.34 grams(I know how that got there) we didn’t know that the CI wore a wire on two different days June 26 and 19th of 2015. We were booked in jail and bailed out. They raided again on Sept 2015. Went to court and DA filed no charges, went back again no charges file. On the second raided they used the same search warrant was the first one with the date crossed out and a new one handwritten. So the old charges were dropped because of the time expired but new charges were filed for sales on the two date I Menten early the 26 and 29th using the wire as the new events even those they had those tapes since June 26th and 29th.
ANSWER:
You might be able to beat even the new charges by raising the statute of limitations. In felony matters, the statute of limitations only stops running when you are arraigned on a case – not when the case is filed. So if you did not enter a plea of not guilty by July 2, 2018, the statute of limitations probably bars a criminal prosecution for the contraband recovered when the warrant was served. If there is evidence of sales continuing past July 2, 2015, then the calculus is different.
