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Criminal Law/Drug Indictments


QUESTION: Is there a statue of limitations on drug indictments. If so what is it ? Also if the individual is a convicted drug offender will the statue of limitations still apply


Once a person is Indicted by a Grand Jury for any felony charge, that action halts the clock on the Statute of Limitation on the offense. That Indictment is accompanied by an arrest Warrant signed by a Judge and is then usually registered with national NCIC data base and remains there until the individual is arrested.

If the individual is a prior drug offender, that will have no effect on the statute of limitations but will most probably have an effect on his sentence under the repeat offender statute.

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QUESTION: Ok let me make sure I understand.If the individual has been arrested on those indictments then the statue of limitations do not apply ? And if they haven't been arrested on the indictments yet, then the statue applys ? Or once the judge signs off on the warrants there is no statue of limitaions?


We think you are co-mingling the meanings of Statute of Limitations and Indictments.

If a crime (other than murder, treason and other more heinous crimes) is undiscovered and/or unindicted within a certain period of time, the government (federal/state) is barred by a Statute of Limitations from bringing charges for that crime. That period of time varies from state-to-state, but is usually between 5-7 years.

However, if a specific person is indicted for the crime within that period of time, the Statute of Limitations no longer applies. Simply, once the person is indicted for the crime, it no longer is affected by the Statute of Limitations. The indictment and accompanying arrest warrant remain active until the person is arrested or is proven dead.

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Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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