No statute of limitations

dice101

Bluelighter
Joined
Nov 5, 2009
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Ok heres my problem in early 2007 I sold an informant a small quantity of mary jane and againa week latter I sold him another small quantity then in October I was arrested I got out on bail (paid by my dude) next in novenber I went to my pretrial motion and all that happend was I turned down a plea to serve a year in state prison(I also need to add that I live in West Virginia which has some of the most fucked up drug laws in the US) so after this my lawyer told me that I had to just wait till I got indicted to find out my tial date and everthing else. Then after I waited like a year my lawyer calls and said that hes no longer my lawyer beause the case has been dropped without predjudice now my main concern is that in West Virginia there is no statute of limitations on felonies(my charges were delivery of a controled substance) since it was my first offense do you think that they will bring back the charges and if they do how long is it till they usually would do this cause man I dont want them to wait till my bay is like 5 and then I get charged and leave his life. Also does anyone know a good lawyer in the northern panhandle part of wv, and if they do have video on me when would my lawyer be able to file a motion to view the evidence against me.
 
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you a lucky dude smoke a bowl and count ur blessings if your lawyer said its cool hit them knees and thank whatever higher power you believe in. then go do somethin with your life EARN IT MY FRIEND. cause many of us are rottin in prison or workin in fast food cause them felonys follow you like a noose
 
yeah Im just paranoid as fuck about it cause the fact that it this stupid ass state they can bring the charges back anytime in my life.
 
The best advice, OP, is go and sin no more.

The nature of discovery would depend on West Virginia law, but if there is no action pending against you, I think it's unlikely your lawyer could demand to view any evidence against you. That's something to ask an attorney about, though.

Having an arrest like that on record will certainly increase the likelihood that the state would more aggressively pursue any further arrests. And having no further arrests, and evidence of having a constructive life filled with legal and substantial endeavors, would have an influence on a decision to prosecute in the future.
 
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Then after I waited like a year my lawyer calls and said that hes no longer my lawyer beause the case has been dropped without predjudice

I guess to be on the safe side, you should probably contact your former lawyer and find out exactly what the meaning of "dropped without prejudice" is, in reference to your individual case.

http://www.jacksonnewspapers.com/news/x576544434/Meth-case-against-Sullivan-dropped-without-prejudice

I see in the link I've provided someone else in WV made mention of a case being "dropped without prejudice," and it looks like that language might mean the state would be barred from bringing new charges in the case.

If I were in your situation, I really WOULD try to find out how your case came to be "dropped without prejudice," so you'll know upon what grounds the charges were dropped, in case this ever comes up again.

now my main concern is that in West Virginia there is no statute of limitations on felonies(my charges were delivery of a controled substance) since it was my first offense do you think that they will bring back the charges and if they do how long is it till they usually would do this cause man I dont want them to wait till my bay is like 5 and then I get charged and leave his life.

If the state were, for some incredibly weird reason, to re-open your case and begin investigating and collecting evidence, seeking indictments against you, it could take as much time as they need to build their case against you. There really isn't any set time limit on this sort of thing especially since they're operating with no statute of limitations for felony offenses.

I personally don't think they'd bother with bringing all this stuff up again, if it were really dismissed or dropped, but it's better to be safe than sorry, right? This is why I suggested you contact the lawyer who handled your case before and find out WHY the charges against you were dismissed. That's important information for YOU to know.

Did you ever receive or sign any paperwork or documentation about this after the charges were dropped? You might want to read them a little more closely if you still have them.

Also does anyone know a good lawyer in the northern panhandle part of wv, and if they do have video on me when would my lawyer be able to file a motion to view the evidence against me.

I'm not from your area, so I don't know of any good lawyers around the panhandle. I'm certain that if you take some time to look through your yellow pages, however, you'll be able to find someone who can at least answer your questions. Or, if you do happen to contact your previous lawyer, maybe you can ask them to refer you to someone who has a great deal of experience with cases like yours, if they're unable to represent you again (or you don't want him / her back) for whatever reasons.

Any lawyer worth their briefcase is going to want to review and examine the evidence against their client at the pre-trial conference or hearing. It's the standard procedure for handling cases where a proper defense must be prepared. Think about it: if a defense lawyer has no idea what kind of evidence exists to convict their client, how can they expect to be able to provide any sort of defense?

The pre-trial conference / hearing is also where they'll determine which evidence will be admissible in court, and specify which witnesses will be allowed to testify. At this time the defense attorney would have access to the evidence against their client and would be able to file a pre-trial motion to suppress potentially damaging evidence (a video, for example), and / or witness testimony against their client. This is also where the process of "discovery" happens, which accounts for all the information, evidence, witnesses / informants, and other resources gathered to prove the guilt of the defendant.

At any rate, your best bet is going to be to find out why your charges were dismissed, and maybe even try to find some record of this dismissal. I think you'll sleep better at night once you figure all this out. If you can get a lawyer to explain to you how criminal charges are dismissed, you'll probably feel a lot better about your personal situation, too.

Good luck.
 
Thanks guys this info has helped I contacted my lawyer today and he said htat they dropped the charges because of lack of evidence at the time which I think might be because the kid that wore the wire on me got in trouble and fled to Cali. but thanks I think my best bet would be to just move as far away as possible and to continue to stay out of trouble.
 
Good job on not taking the plea bargain.

I can't believe they'd lock someone up for a year for selling a bit of weed. That's an incredible waste of tax dollars.
 
/yeah it sucks real bad the only problem I have with moving away is my sons only 10 months and if Id move I wouldnt ever prolly have enough money to come back at see him since I dont really have any work experience most the jobs I get dont pay very much:(
 
/yeah it sucks real bad the only problem I have with moving away is my sons only 10 months and if Id move I wouldnt ever prolly have enough money to come back at see him since I dont really have any work experience most the jobs I get dont pay very much:(

Well at least stay out of trouble.
 
Dice101,

Listen. As you get work experience, you will find better jobs. The hard part is doing EVERY job you have extremely well. You're going to build a list of references of people who will say what an awesome employee you are. Some of those people are going to be difficult to get along with. But you're going to do it anyway, because part of work is politics.

A bus ticket costs less than you might think. Keep working, keep saving, taking it a day at a time. And things will work out just fine.
 
get a lawyer!! get a lawyer get a lawyer and dont talk without one or make deals or turn em down either! and yes virginia and west virginia are extra harsh on drugs and duis as well as weapons.... pretty much anything but especially those three...... so get a fucking lawyer trust me any cost of that lawyer will be worth it in the long run.
 
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