My boyfriend was arrested On April 3 2015 for a 2nd degree drug offense that alledgedly ocurred In august 2014. The warrant was signed On April 6th 2015. would this be grounds to get The charges dropped?
Answer
I am not sure what basis you have in mind as to getting charges dropped - perhaps your post just isn't entirely clear? I suggest the BF confer privately with an experienced criminal defense attorney and she can advise him in great detail - she will want to view the underlying 'paperwork'. Best to you!
Tricia Dwyer Esq
Tricia Dwyer Esq & Assoc PLLC
MN Criminal Defense Attorneys
ph 612-296-9666 M-F, Sa/Su 'til noon
Answer
What "grounds to get the charges dropped" are you referring to? If you mean the delay between the alleged offense and the arrest, then no, that would not normally be grounds to get charges dropped. Criminal charges must be filed within certain statutes of limitations. The shortest criminal statute of limitations in Minnesota is three years. Your boyfriend might have other strong defenses, so get a lawyer working on his case right away. Feel free to give me a call.
(651) 994-6744
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www.siebenedmunds.com
Answer
The question is not clear. Is getting charged with a crime eight months after the claimed offense date grounds for dismissal based on a claim of undue delay? Under normal circumstances, no. Is being arrested three days before an arrest warrant is signed by a judge grounds for dismissal? Possibly. Bottom line - call me or another criminal lawyer.
Answer
No, that is not likely a basis for dismissal and, if it were to succeed, it could simply be recharged. He will need an aggressive and experienced criminal defense lawyer.
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