Re: Statue of Limitation on Drug Charge

More | Report Post

When is prosecution considered commenced? Is it at arraignment or
arrest? If it takes over 2 years to be formally arraigned after
arrest do limitations apply? Thanks.

On 12/29/08, -- wrote:
> On 12/29/08, reneecyrus wrote:
>> On 6/09/08, K wrote:
>>> Is there a statue of limitations on state felony drug
>> in mississippi
>
> Here is the statute of limitations for Mississippi. Looks
> like two years is the limitation for drug offenses but read
> the statute carefully. Also if you fled the jurisdiction or
> went into hiding, the limitation doesn't count while you were
> out of the state or in hiding.
> *******
> West's Annotated Mississippi Code
> Title 99. Criminal Procedure
> Chapter 1. General Provisions; Time Limitations;
> Miss. Code Ann. § 99-1-5: Limitations; exceptions
>
> The passage of time shall never bar prosecution against any
> person for the offenses of murder, manslaughter, aggravated
> assault, kidnapping, arson, burglary, forgery, counterfeiting,
> robbery, larceny, rape, embezzlement, obtaining money or
> property under false pretenses or by fraud, felonious abuse or
> battery of a child as described in Section 97-5-39, touching
> or handling a child for lustful purposes as described in
> Section 97-5-23, sexual battery of a child as described in
> Section 97-3-95(1)(c), (d) or (2), or exploitation of children
> as described in Section 97-5-33. A person shall not be
> prosecuted for conspiracy, as described in Section 97-1-1, or
> for felonious assistance program fraud, as described in
> Section 97-19-71, unless the prosecution for such offense be
> commenced within five (5) years next after the commission
> thereof. A person shall not be prosecuted for any other
> offense not listed in this section unless the prosecution for
> such offense be commenced within two (2) years next after the
> commission thereof. Nothing contained in this section shall
> bar any prosecution against any person who shall abscond or
> flee from justice, or shall absent himself from this state or
> out of the jurisdiction of the court, or so conduct himself
> that he cannot be found by the officers of the law, or that
> process cannot be served upon him.
>
>
>