QUESTION
Can I be charged with a crime after the fact?
Asked on Dec 29th, 2012 on Criminal Law - Missouri
More details to this question:
I was stopped recently for a traffic violation, and long story short I consented to a car search (stupid of me) not knowing I had a small bag of marijuana in the car. I had a long conversation with the officer, and he was nice enough to let me go. My question is whether or not I can be arrested or charged for drug possession, now that I have left the scene, etc. The officers obviously have all of my driver's license info and tag number. Can I still be charged after the fact?
12 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If they kept the evidence, they could charge you. In fact, in some counties, they send out notices to appear in small cases rather than waste time and effort in arresting people. Make sure your address on your driver's license is to certain that you receive the notice.
Answered on Jan 04th, 2013 at 3:28 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You probably will not be charged.
Answered on Jan 04th, 2013 at 6:50 AM
Michael J. Breczinski
Yes but you do not say how old this matter is. In drug cases they often wait until it comes back lab. This is the proof it really is a drug.
Answered on Jan 04th, 2013 at 5:08 AM
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It sounds like the officer gave your a break. I would keep my fingers crossed that he won't pursue it. Did you have traffic summons served on you? If not, I'm guessing you are in the clear.
Answered on Jan 04th, 2013 at 5:07 AM
Criminal Defense Attorney serving Elizabeth, NJ
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Law Office of Vincent J. Sanzone, Jr., Esq.
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Yes, but unlikely if you were let go at the scene.
Answered on Jan 04th, 2013 at 4:33 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Simple possession of small amounts of marijuana (less than an ounce) in California is an infraction. If you were not issued a citation for the marijuana, then you have nothing to worry about. You got lucky.
Answered on Jan 04th, 2013 at 4:33 AM
Gary Moore
You could be charged, but it seems unlikely that you will. He was supposed to arrest you on the spot and might look like he failed to do his job. You dodged a bullet. Thank God and do not repeat thesame behavior.
Answered on Jan 04th, 2013 at 4:02 AM
John J. Carney
If he was going to arrest you he would have. He could have given you a Desk Appearance Ticket or let you go if it was a small amount, but probably not taken you to jail.. You should never let the police take away your constitutional rights (most people confess, consent to searches, and make statements that get them in trouble because most people are ignorant of their rights and the law). Next time be smart and tell him, "No officer why should I allow an illegal search and give up my constitutional rights like all the other idiots you stop every day?"
Answered on Jan 04th, 2013 at 3:58 AM
Thomas Edward Gates
Yes, you could still be charged.
Answered on Jan 04th, 2013 at 3:56 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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It is very doubtful that they will. In this scenario, I think they just wanted to warn you and give you a break since it had such little weight.
Answered on Jan 04th, 2013 at 3:30 AM
Yes you can. And you have only yourself to blame for consenting to the search.
Answered on Dec 31st, 2012 at 3:06 PM
Yes, the police have up to a year to file charges against you, if it's a misdemeanor (less than 35 grams of marijuana).
Answered on Dec 31st, 2012 at 3:04 PM