Is There a Statute of Limitations on Drug Crimes in Indiana?
If you are arrested for a drug crime that allegedly occurred some time ago, can you still be prosecuted for the offense? Under Indiana law, there are limitations on prosecuting most misdemeanor and felony offenses, including most drug crimes. The general rule is a 2-year statute of limitation for misdemeanors and 5 years for felonies. But certain circumstances can extend that limitation. Our Indianapolis criminal defense attorneys can explain in more detail.
Determining the Type and Classification of the Drug Crime
To determine whether or not the statute of limitations has run out on the prosecution of a particular drug crime, it will be critical to identify the type and classification of the offense. In other words, are you potentially looking at misdemeanor or felony charges? And what class or level of misdemeanor or felony charges would you be facing?
There are various types of drug crimes that can result in criminal charges in Indiana, including charges for possession, manufacture, delivery, and distribution of a controlled substance. The severity of the offense will depend on the type of substance, the amount, and the specific offense. For example, under IC 35-48-4-7, possession of a small amount of a Schedule III or IV controlled substance can face Class A misdemeanor charges, while possession of cocaine under IC 35-48-4-6 can result in Level 6 felony charges. Under IC 35-48-1-16.5, there are also a range of enhancing circumstances that can result in more severe charges for a drug offense, such as having a prior conviction or committing a drug offense in the physical presence of a minor. It is critical to speak with a criminal defense lawyer to determine the specific charges that you are facing in order to know whether you can still face criminal charges based on the timeline.
Statutes of Limitations for Misdemeanor and Felony Offenses in Indiana
Under IC 35-41-4-2, the statute of limitations for most misdemeanor drug offenses in Indiana is two years, and the clock begins ticking on the date the offense allegedly took place. If more than two years have passed from the date you allegedly committed a drug misdemeanor, you likely will not face charges due to the statute of limitations.
Most felony drug offenses (including Level 6 up through Level 3 felonies) have a five-year statute of limitations. As such, if you are facing one of these types of felony charges and more than five years have passed since the date of the alleged offense, you likely cannot face charges. However, Level 2 and Level 1 felony offenses do not have a statute of limitations in Indiana, and you can face charges at any time.
Contact a Drug Crime Defense Attorney in Indianapolis for Assistance
If you were arrested for a drug crime that you allegedly committed long ago, the statute of limitations may have passed. It is critical to speak with one of the experienced Indianapolis drug crime defense lawyers at Rigney Law LLC as soon as possible for assistance with your case. Contact us today.
Sources:
law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-4-6/
law.justia.com/codes/indiana/title-35/article-41/chapter-4/section-35-41-4-2/
