You are here:

Criminal Law/statue of limitations/seizure of residential property(ie:home)

Advertisement

Expert: - 4/7/2007


Question
       Good Morning,
I appreciate you taking the time to answer my question.
In the state of Ca. how long is the statue of limitations to file charges against the defendant for possession with intent to sell, once the defendant has been arrested/released from jail?
and can the state seize the defendants residential property ie: family home, if the law authorities gained access from a search warrant??

Answer
Hi Cheryl,

  I can't possibly know the laws in every state in the country so I am going to tell you what the law is in MY state.  Now remember...this is MY state and does not necassarily apply to California.

  In my state there is no statute of limitations on felonies and possession with the intent to sell ??? ( you didn't say what but I am assuming you mean CDS).  I don't understand what you mean by "once the defendant has been arrested/released from jail".  That seems to be either a contradiction or you are mistaken about the legal term "statute of limitations".  

 In MY state the state can seize any property that was used in the commision of the crime of distribution of drugs, i.e, cars, airplanes, houses, etc, as long as the property was part of the drug conspiracy.

 Now again.....this does not necassirly apply to California.

Criminal Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

©2012 About.com, a part of The New York Times Company. All rights reserved.