QUESTION

I have been arrested and charged with delivery of a controlled substance felony. Can the police or the prosecutor bring more charges against me if I don't take a plea deal and cooperate against others?

Asked on Jan 18th, 2008 on Criminal Law - West Virginia
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I have been arrested and charged with delivery of a controlled substance felony. Can the police or the prosecutor bring more charges against me if I don't take a plea deal and cooperate against others?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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The short answer is yes. If the police or prosecutor believe you committed more than the single controlled substance delivery with which you are charged, they have until the expiration of the statute of limitations to charge you for them. They also may be able to charge you with additional crimes, such as conspiracy. The statute of limitations differs from state to state. For federal drug crimes, the statute of limitations is five years. Police often urge those they arrest for drug offense to cooperate and provide information against others in exchange for them recommending either a charge or sentence concession to the prosecutor. They are within their rights to do so. However, plea bargains are only binding when made by a prosecutor. Police officers may tell you they will recommend a certain disposition to the prosecutor, but the final decision is up to the prosecutor. It is your right to reject such an offer and insist on a jury trial at which the prosecution has to prove each and every element of the charge or charges against you beyond a reasonable doubt. Before agreeing to relinquish this important constitutional right by pleading guilty and cooperating, I recommend you consult an experienced criminal defense lawyer in your jurisdiction. He or she will review the facts of your case with you and advise you as to your chances of prevailing at trial. Similarly, he or she will be able to evaluate the likelihood of additional charges being brought against you if you refuse an offer to plead to a single offense and cooperate against others, and the potential penalties for them.
Answered on Jan 18th, 2008 at 12:10 AM

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