Yes, you can be charged for buying drugs in the past. In most cases, people are arrested and charged shortly after a traffic stop or investigation, and the legal process begins shortly thereafter. But Texas is behind on testing alleged illegal substances.
Today’s article is for our current and future clients and their families, and this is the message:
If you are detained or arrested while in possession of narcotics, we need to be prepared to get a call as far as three to five years in the future with charges and a court date. And we have to be ready far, far before then.
When we talk about “buying drugs,” here’s what we mean.
There is no charge for “buying drugs,” exactly. Instead, you would be charged with possession. Around 90,000 people a year in Texas are convicted of possession, which carries different sentences depending on a few factors, including the type of drug and quantity.
There are several reasons why police may not charge you until later.
Prosecutors won’t arbitrarily wait to file charges. Here are a few situations that may result in charges months or years after an arrest.
Prosecutors might find a drug crime during a separate investigation.
If police investigate another crime and uncover past drug-related evidence or statements, that could lead to new charges.
Charges could be part of an ongoing investigation.
If law enforcement is building a larger case involving multiple people, they may delay charges. That way, they can gather more evidence and file all charges at once.
Lab results could be delayed.
A state lab must test substances seized by police to confirm it’s an illegal drug before they can press charges. Results can take weeks or months. Here in Texas, there have been numerous issues with backlogs at forensic labs, further delaying cases.
How far back? That depends on the statute of limitations.
The statute of limitations is a law that gives a deadline for prosecutors to file criminal charges. If the state fails to file within the allowed timeframe, the case must be dismissed.
Different drug crimes have different statutes of limitations.
Chapter 12 of the Texas Code of Criminal Procedure outlines the length of time each crime has before you can’t be charged anymore.
Misdemeanor drug charges are two years.
Possession of a small amount of marijuana, prescription drugs without a prescription, or drug paraphernalia would be considered a misdemeanor.
Felony drug charges are three years.
Cocaine, heroin, methamphetamine, or more than four ounces of marijuana qualify as a felony, and with that comes a three-year statute of limitations.
For a complete list of substances and their categories, see the Texas Health & Safety Code.
If the offense resulted in death, there may be no statute of limitations.
If the crime involves death, conspiracy, or a minor, it may have no limit at all, though it would be rare for a charge involving the purchase of drugs to fall into this category.
Deadlines apply from the date the offense occurred, not the date of arrest.
Keep that in mind when determining the end of the limitation period.
The statute of limitations can be extended. How is that?
This process is called “tolling.” It’s a pause during which the statute of limitations stops counting down.
There are two ways a statute of limitations may be tolled in Texas.
1. Charges are brought
The statute of limitations pauses when you are charged. Tolling doesn’t end until charges are dismissed.
2. A person leaves Texas
Any time spent outside of Texas does not count toward the statute of limitations.
If you are accused, invoke your right to remain silent.
If an officer questions you, you do not need to admit to buying drugs in the past.
The Fifth Amendment gives you the right to refuse to answer questions that might incriminate you. In Texas, as in the rest of the U.S., you are not required to talk to the police except in a few specific situations.
You should positively invoke your right, though.
It’s important to be clear about what you’re doing. Say, “I invoke my Miranda right to remain silent” or ask to speak to your attorney. That way, law enforcement must stop questioning you.
Call Gold Legal, PLLC, immediately after a drug arrest.
If you have been charged with drug possession for buying drugs in the past, our attorneys will review your case and explore all possible options to protect your rights.
Contact us today for a confidential consultation.
— Kandi Gilder, Attorney at Law
