QUESTION
Is it legal to be charged after they said they tell me they wasn’t?
Asked on Jun 03rd, 2013 on Criminal Law - District of Columbia
More details to this question:
Was pulled over Oct. 2012 there was 3 of us in my truck small amount of marijuana was found they ask who’s it was I said mine, at the end of illegal stopped search the let us go and told us no tickets or arrest was made. Told us they wasn’t go to charge us or me, than 5 months later I have a warrant for possession of marijuana. Now why are they above the law?
5 ANSWERS
Michael J. Breczinski
Well they changed their minds. Get a lawyer and fight.
Answered on Jun 06th, 2013 at 9:15 PM
This is perfectly legal. For most misdemeanors, the prosecutor has up to 1 year to decide whether to press charges against you. The only way the search would have been illegal is if they had no reasonable suspicion to stop you. Reasonable suspicion could be that you were speeding, a taillight was out, license tags were expired, or any other type of traffic violation. If the police have reasonable suspicion to stop you, then they must have probable cause to search your vehicle. Probable cause could be that the officer smelled marijuana, or that you seemed nervous when answering his questions.
Answered on Jun 04th, 2013 at 11:45 AM
They can say whatever they want. You need to hire a lawyer to recall the warrant. A lawyer can do this without you present so it is less risky for you.
Answered on Jun 03rd, 2013 at 10:13 PM
James Edward Smith
Only the prosecutors can make deals, not the cops.
Answered on Jun 03rd, 2013 at 9:43 PM
Criminal Defense Attorney serving Washington, DC
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Cops do not have to truthful when trying to get information from you. In fact some officers will lie to get the information they want and then turn around and charge you.
Answered on Jun 03rd, 2013 at 9:42 PM