QUESTION
Can I still be charged with a crime if I was released?
Asked on Oct 10th, 2011 on Criminal Law - California
More details to this question:
The money,which was found on the floor in a wallet, was turned over to the police. I was released and never arrested. Can I still be charged with a crime? How long do police have to charge me?. How will I receive the charge? Should I get a lawyer now or wait until I am charged?
29 ANSWERS
Criminal Law Attorney serving Howell, MI
at
Law Offices of Jules N. Fiani
Update Your Profile
Yes.
Answered on Jun 03rd, 2013 at 1:09 AM
Jacob P. Sartz
Investigations may take a few months to complete. In some instances, it may take years. Yes, you may ultimately be charged. However, there are no guarantees. I'd recommend you retain a lawyer to help. If you are never charged, then so be it. However, in the interim, what you say and do could be used against you if they ever did proceed. I'd recommend you retain a lawyer.
Answered on Nov 08th, 2011 at 10:27 PM
Theodore W. Robinson
You may have left a few points out of your question. When you said "the money" you never said where it came from, how much it was, who it came from, how it got into your hands (presumably) and what it all had to do with you. Why not try asking a full question so we can answer it. There are too many unknowns to answer your question without more information.
Answered on Oct 28th, 2011 at 1:21 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
Yes you can still be subsequently arrested.
Answered on Oct 28th, 2011 at 1:21 PM
Michael J. Breczinski
They can still charge you do not make any statements to anyone. Yes go talk to an attorney at least.
Answered on Oct 28th, 2011 at 1:21 PM
Yes you can still be charged. You should contact an attorney.
Answered on Oct 28th, 2011 at 1:21 PM
It is still possible that you will be charged. It is not uncommon for defendants to remain out of custody, uncharged, while additional investigation is done. For misdemeanors, the statute of limitations (i.e., how much time can pass before the state can no longer bring the charges) is two years. For felonies generally, it is three years. The court and/or the DA's office will have the information if you have been charged. It wouldn't hurt to get a lawyer now, if for no other reason than to stay abreast of whether charges will be issued.
Answered on Oct 21st, 2011 at 10:04 PM
Criminal charges are subject to statutes of limitations which limit the amount of time they can be filed. It might be as little as one year or as long as five years.
Answered on Oct 17th, 2011 at 2:21 PM
You can still be charged but it is unlikely. I would not spend money on a lawyer until you are in fact charged.
Answered on Oct 14th, 2011 at 10:13 PM
It is the prosecuting attorney that decides whether charges are brought. The police only investigate and file a report with the prosecutor. While the police may make an arrest, the charge comes from the prosecutor. From the description given, it is difficult to determine what could happen. Seeking the advise of a competent criminal defense attorney is not a bad idea.
Answered on Oct 13th, 2011 at 11:04 AM
Drunk Driving Attorney serving Spencer, MA
at
Law Office of Ernest T. Biando LLC
Update Your Profile
Yes- you can still be charged-each crime has its own statute of limitations so the time would depend on the charge-you could be mailed a summons to appear or the police can obtain an arrest warrant. It is always a good idea to speak with an Attorney about such matters, just to be prepared.
Answered on Oct 12th, 2011 at 1:19 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
You do not say what the money was about but just because you are released does not mean you cannot be charged after an investigation is completed. They have until the statute of limitations runs. You should talk with a lawyer just to get information and be prepared in the event the police issue a warrant.
Answered on Oct 12th, 2011 at 12:31 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
You can always be charged with a crime as long as it is still within the statute of limitations. The statute of limitations depends on what crime you have been charged with. If it is some type of theft crime which you described, the prosecution would have six years from the date of the offense to bring charges against you. I don't really think you need a lawyer unless you have been charged or are being aggressively questioned by the police.
Answered on Oct 12th, 2011 at 11:38 AM
Daniel Kieth Martin
They have up to a year in california. You should hire a lawyer because the lawyer may prevent them from filing. You may be able to negotiate split fees, a certain amount if they do not file and another amount if they file and he or she has to go to court.
Answered on Oct 12th, 2011 at 10:38 AM
Appellate Attorney serving University Place, WA
at
Baner and Baner Law Firm
Update Your Profile
Most criminal defense attorneys, including myself, will provide you with a free consultation in situations like this. The prosecutor is the one that files charges (generally an assistant prosecutor) based on a variety of non-statutory factors such as: Is there sufficient evidence that a crime has occurred, did the police conduct the investigation in an appropriate way, is a guilty verdict possible, etc. Basically, every prosecutor will look a little differently at certain police reports to determine if charges are appropriate. Length of time to bring charges varies depending on the purported crime. Typically, however, crimes are charged shortly after an arrest.
Answered on Oct 12th, 2011 at 2:20 AM
Criminal Law Attorney serving Lancaster, NH
at
Harden Law Office
Update Your Profile
You can be arrested if released based on an arrest warrant. Statute of limitations depends on charge, misdemeanor 1 year, felony depends on offense most are 6 years, violations are 3 months. If a theft is alleged the dollar amount determines level of charge. The charge will likely be in district court and local police normally call to have you turn self in. There's no need for a lawyer yet, look for best in your area and keep the number handy.
Answered on Oct 12th, 2011 at 12:01 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
There is no time limit for class A felonies. For all other felonies the time limit is five years. For misdemeanors the time limit is two years and the time limit is one year for violations. There are no time limits on warrants. You probably don't need a lawyer until you are charged. The police will probably either come to your home or call you to come in.
Answered on Oct 11th, 2011 at 11:40 PM
If the case is a misdemeanor (less than 1500) then they have 18 months. If the case is a felony-3 years. Generally speaking, obtaining a lawyer early is a good idea. Sometimes, it is not cost-effective if you lack abundant resources. With that in mind, the police will either arrest you or serve you a summons to appear in court. You should not speak to police unless a lawyer says it will for sure help your case.
Answered on Oct 11th, 2011 at 11:05 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
There is the crime of theft of lost property that you could face. If there was sufficient identifying information in the wallet where locating the true owner could have happened, then you could face theft charges for keeping the money. If you did not keep anything and turned it over to the police, I can't imagine why you would be charged. If you think you're under investigation and/or facing charges, then sitting down with a local criminal defense attorney that routinely practices in the court where your case will be heard isn't a bad idea.
Answered on Oct 11th, 2011 at 11:02 PM
3 Awards
2 years and yes the police can still charge you. It is unlikely that they will though.
Answered on Oct 11th, 2011 at 11:01 PM
2 Awards
If a misdemeanor the State has 90 days to bring charges from the date of arrest. If not arrested then speedy trial does not apply and the Statute of Limitations apply which is longer. If a felony then the State has 180 days after the arrest and if no arrest has taken place then the Statute of Limitations time is applicable.
Answered on Oct 11th, 2011 at 5:41 PM
Samuel H. Harrison
First, your question does not give me enough information to be more specific. If the case is a felony, the police have 4 years from the date of the incident to file formal charges (an indictment or an accusation). If it is a misdemeanor they have 2 years to file the accusation.
Answered on Oct 11th, 2011 at 5:19 PM
You should consult with a lawyer in order for them to review any court filings to determine if charges are going to be brought against you. You should have a lawyer present at all times and never answer any questions to the police without the advice of counsel by your side. F
Answered on Oct 11th, 2011 at 5:19 PM
1 Award
Just because they released you does not mean they can't charge you with a crime. However, the fact they did release you is hopefully a good sign they don't think they have enough to charge you at this time. I suggest you get a lawyer if there is any more contact made with you and I would advise you not to speak with law enforcement without a lawyer.
Answered on Oct 11th, 2011 at 5:10 PM
2 Awards
You do not provide enough information. You can be charged with theft for up to 1 year or up to 5 years, depending on the amount. You should consult with an attorney to provide more information.
Answered on Oct 11th, 2011 at 5:03 PM
Civil Litigation Attorney serving Salisbury, MD
at
Adkins, Potts & Smethurst, L.L.P.
Update Your Profile
Yes, you can still be charged. If charged you could be formally arrested, or served with a summons to appear in court to be apprised of your charges and rights under the law. The statute of limitations is two years from the date the crime is alleged to have occurred. It's always beneficial to consult an attorney, but it's unlikely that they will be able to influence whether charges will be brought against you.
Answered on Oct 11th, 2011 at 5:02 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Yes. There is a good possibility that the police are still investigating the crime. Once they have obtained enough info, they turn the case over to the prosecutor, who then decides whether to file charges. If charges are filed, you can be either cited into court by letter notice, or, if the crime is substantial enough, a warrant could issue for your arrest. How much time they have to file depends upon the charges.
Answered on Oct 11th, 2011 at 4:57 PM
Gary Moore
You can. It is unusual to release a suspect, where the stolen item is recovered, and then decide to charge and arrest him, but it can happen.
Answered on Oct 11th, 2011 at 4:57 PM
Yes you can. Your release has nothing to do with the merits of the case. Usually prejudice is presumed (in favor of the defendant) after one year. You can wait until charges are filed before hiring a lawyer, but you should remember not to incriminate yourself in the time being; in other words, do not talk to anyone but your lawyer about the case, and exercise your right to remain silent at all times.
Answered on Oct 11th, 2011 at 4:37 PM