My son was caught with 9 methadone pills but they have not charged him yet. They wanted him to set someone else up but he isn't doing that. They are getting a warrant for his arrest. Can you tell me what his outcome might be? This is his first time being caught. He is unable to get a lawyer and he wants to plead guilty and turn himself as in he has a bad addiction to this drug.

The time limit for filing charges is governed by a law called the statute of limitations which differs from jurisdiction to jurisdiction and depending on the crime. For a drug offense, it is usually between three and five years. It is fairly routine for police officers to tell a suspect they will withhold filing charges if the suspect agrees to set other people up. While the police can choose to request or refrain from requesting a prosecutor to file charges, once charges are filed, only the prosecutor has the authority to strike a plea bargain. The police will be consulted, but the final determination does not belong to them. In most states, persons caught with a small amount of drugs intended for personal use often are offered dispositions that do not result in a permanent record or jail time, provided he or she completes a drug treatment program, does not test positive for further drug use and stays out of trouble for a period of time. If your state offers this kind of program, it should not be contingent on whether your son sets people up. If your son cannot afford a lawyer, once charges are filed and he is arrested he will be eligible for the services of a public defender or a court-appointed lawyer at no charge to him. In the meantime, you can call or write the police department on his behalf and request they notify you if an arrest warrant issues, so that your son can turn himself in. Let them know he has every intention of doing so. If they agree, your son avoids the indignity of an arrest. Should they refuse, you can make the Judge aware of your offer at the time of his bond hearing and it could result in a lower bond. The best advice for anyone under investigation for a crime is to exercise their right to remain silent and only speak to the authorities if their legal counsel is present and advises them to do so. Since the police are under no immediate time limitation to file charges, another good idea would be for your son to seek out and enroll in a drug treatment program now. Many are free to those who cannot afford to pay. This may have a positive effect upon the District Attorney when he or she considers what kind of offer to make to your son after charges are filed, and on the Judge in deciding what sentence to impose should he take a plea bargain down the road.