Legal Question in Criminal Law in New York

i have a drug charge from 6 years ago and now they want to put me in jail can they do that

Asked on 8/20/10, 1:04 pm

3 Answers from Attorneys

Stuart Austin Austin Law Associates, PC

It depends on what the status of the case has been for the previous time frame. The statute of limitations on state felonies is 5 yrs ( some exceptions apply). If the case has been filed, it would fall under CPL 30.30 or Constitutional speedy trial. Please feel free to call if you have further questions.

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Answered on 8/25/10, 1:55 pm
peter bark bark & karpf

I need more information. Is this a probation violation? Did you disappear for a few years? I need to know what has been happening the last six years.

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Answered on 8/25/10, 3:34 pm
Carlos Gonzalez Gonzalez Law Associates P.C.

Have you been charged before now? If you have not the statute of limitations on a felony charge is generally only five years, and as a result an attorney cooed move to dismiss your case if the charges are new.

If they are not new charges, then the age if the case itself coukd be used beneficially in your defense and ptoentially a motion for dismissal for violatio of speedy trial grounds may be viable.

If you are interested in retaining an attorney to assist you contact our office at 212-405-2234

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Answered on 8/26/10, 10:08 am

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