What to do if my brother was arrested 8 years ago for possession of a controlled substance but the case has never been before the grand jury yet is still showing on his criminal record?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my brother was arrested 8 years ago for possession of a controlled substance but the case has never been before the grand jury yet is still showing on his criminal record?
Is the statute of limitations up for this and can we get it dismissed and our belongings returned?
Asked on December 3, 2012 under Criminal Law, Alabama
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your brother was charged with merely possessing a controlled substance, then the statute of limitations has run on his charges-- this means that he can no longer be prosecuted for charges eight years old. To get it off his record, he would need to file a petition to have his record expunged. To get his things, he may want to contact the agency after the expunction. If they still refuse, he may need to file a writ to procure the return of his personal belongs.
If his charge was not just for possessing drugs-- but also included an allegation of drug trafficking, then he may want to hold off-- because there is no statute of limitations for this offense. Filing an expunction could draw unwanted attention to a case that is lying in someone's "to do bucket."
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.