Criminal Statute of Limitations in Oklahoma

Statute of Limitations for Oklahoma Drug Charges

    Oklahoma prosecutors have a limited period of time in which to press criminal drug charges against an individual.  This allows police and the prosecutor sufficient time to determine if probable cause exists to formally charge someone with a drug crime.  Oftentimes, with drug charges, it could take a prosecutor up to one year or even longer to get probable cause.  This is because recovered drugs must be sent to a lab and analyzed before there is confirmation that a drug is an illegal controlled substance. If the charge isn’t brought within a certain time the criminal statute of limitations may apply.

    Whether the drug charge is a misdemeanor possession of marijuana charge or felony possession of a controlled substance, the state has up to three years to press charges.  However, this three year statute of limitations period is not effective when the person to be potentially charged is not a resident of Oklahoma or the person is outside the state of Oklahoma.  This means that you essentially need to remain in the state of Oklahoma for the three years to add up day by day.  Once you leave the state, the counting towards those three years statute of limitations in Oklahoma ends and will restart upon your return.

    It is often much easier to determine that marijuana is in fact marijuana, so charges for marijuana possession might be brought much quicker once the prosecutor has probable cause to do so.  On the other hand, with cocaine, methamphetamine and other controlled substances, it could take a very long time to be charged.  If someone who believes he or she may be charged with felony possession of a controlled substance, it is best to contact an experienced criminal defense attorney who specializes in drug crimes, because if you ignore the possibility of the charge, you may be setting yourself up for trouble.

 Ignoring a potential charge by leaving the state or continuing to commit unlawful conduct will only make the charge more serious if you in fact end up being charged with the crime.  By seeking legal advice early on, the attorney can prepare you for what to expect, what you should do in the meantime to stay out of trouble, and the attorney can perhaps get the drug possession charge negotiated down to a lesser charge if the accused takes care of the issue right away.  Prosecutors are likely to make some sort of negotiated deal for individuals without criminal records, giving them a second chance to avoid breaking the law in the future.

How Long Before The Police Have to Bring The Drug Charge in Oklahoma

Because it is always unclear as to when you may be charged with a drug possession crime, it is best to lay low, stay out of trouble and show that you are of good moral character and are capable of rehabilitation without jail time or hefty fines.  Many people believe that if they haven’t been charged six months after being arrested for suspected possession, that they are in the clear and no charges will ever be brought.  Unfortunately, the law is not always clear and Oklahoma citizens would likely not know what the statute of limitations period is without researching it themselves.  Hopefully, this information will help you or a loved one be prepared for what could be a stressful time.  However, with the help of an attorney, the stress will be much less than it would be upon unexpectedly being arrested and formally charged with a drug possession crime.

Contact A Tulsa Drug Lawyer Regarding The Statute of Limitations on Your Drug Charge

If you believe a charge may be filed against you for a potential crime, contact the Kania Law Office today and allow our highly experienced criminal defense attorneys evaluate your situation.  Our criminal attorneys can offer guidance on what steps you may need to take in order to prepare for a potential criminal charge.  Contact our office today to schedule a free consultation by calling (918) 743-2233, or fill out this online form and someone from our legal team will get back with you as soon as possible to schedule your free consultation.  Kania Law Office provides bilingual services in both English and Spanish.

Criminal Statute of Limitations in Oklahoma

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