Drug Crimes, Substance Abuse STATUTE of limitations

[Scorpio]

Jurisdiction

Mississippi

I was picked up on August 31,2016 on a grand jury indictment dated August 2011 for the sale of a single Xanax. What is the statue of limitations on this if there is one? . Haven't even had a speeding ticket between then and now. Also, I was never read my Miranda rights plus I was denied bail and denied arraignment (no reason was ever given) and legal representation for three weeks when I was carried straight to sentencing. I am currently under house arrest because my public defender appointed to me wasn't even in court. What can I do?

 

[army judge]

What can I do?

The GJ indicted you five years ago on a felony.
An indictment isn't subject to any SOL, as its akin to a warrant.
For reasons known only to you and law enforcement, the arrest warrant (aka the indictment) wasn't served until five years after it was issued.

No Miranda warning was required, because the arresting agents had no reason to question you about the indictment.
You were simply being arrested to be brought before the court to answer for the charges lodged against you.

I suggest you ask your lawyer about anything you fail to comprehend.
You have that right.
If you believe your lawyer isn't representing your interests, you can choose to fire him in open court the next time you see the judge.
The judge will dismiss your attorney, and appoint another attorney to represent you.

I suggest you do that which you wish had been done contemporary with your arrest, and avail yourself of your right to remain silent.

Consider yourself lucky, under home arrest to await your trial.

If you find the privilege of home arrest intolerable, ask the court to revoke your bail and incarcerate you in the local county jail while your legal drama runs its course.

 

[Scorpio]

OK, if you don't mind, help me understand then why MS code 99-7-9 states, "a WARRANT for the person indicted shall issue immediately and be served on the person so indicted". Doesn't sound like the indictment is a warrant to me. Plus MS code 99-1-5 states, " a person shall not be prosecuted for any other offense not listed in this section (sale of a controlled substance is nowhere in that list) unless the prosecution for the offense is commenced within two (2) years next after the commission thereof. " I'm no lawyer but that sounded pretty much like a SOL. Looking forward to your reply. Thanks!

 

[army judge]

OK, if you don't mind, help me understand then why MS code 99-7-9 states, "a WARRANT for the person indicted shall issue immediately and be served on the person so indicted". Doesn't sound like the indictment is a warrant to me. Plus MS code 99-1-5 states, " a person shall not be prosecuted for any other offense not listed in this section (sale of a controlled substance is nowhere in that list) unless the prosecution for the offense is commenced within two (2) years next after the commission thereof. " I'm no lawyer but that sounded pretty much like a SOL. Looking forward to your reply. Thanks!

Sorry, you need to discuss all aspects of your case with your lawyer.
Make an appointment, write a letter with all your questions, without knowing lots more about this matter (which I don't want t know), I can't advise you properly about criminal procedure.
Besides, you have a lawyer, and its unethical to advise you further.