How long do the police have to file drug charges?

The police sometimes conduct an undercover drug transaction through an undercover officer or police informant. In many of those instances, the target is arrested right away. Many other times, the police make no arrest because they may want to build up further charges on a person with more undercover transactions. Often times, when no arrest is made the police are attempting to do an undercover transaction in the future that will involve a “trafficking” amount of drugs with very harsh minimum mandatory prison sentences. The earlier smaller transactions are utilized mainly to build up trust in the suspect. Other times, especially in Federal investigations, the police are investigating many more people than just the person they did the transaction with. The police are investigating what they believe to be a larger drug conspiracy and arresting one person would blow their cover in the overall conspiracy.

The State has either 3, 4, or 5 years to charge the suspect with the crime depending on the level of felony and the Statute of Limitations that applies.

In circumstances like this, the police will often make the arrest anywhere between 3-12 months after the transaction has occurred. The State has either 3, 4, or 5 years to charge the suspect with the crime depending on the level of felony and the Statute of Limitations that applies. Its not surprising when I see a drug charge that happened far back in time and my client doesn’t even remember it. In this situation, it’s important you contact an experienced drug attorney who can find out why it took so long for you to be arrested.

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Ray Lopez has practiced since 1990, with prior experience as a Hillsborough County assistant State attorney and lawyer for the Tampa Police Department. He handles all criminal charges, from traffic violations and misdemeanors to serious felonies and federal drug charges. He practices in all state and federal courts of the Tampa Bay area and throughout Florida, as well as criminal appeals, juvenile court, administrative hearings, and civil forfeiture proceedings.

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