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  1. #1

    Default Police Officer is Threatening to File Old Charges

    My question involves criminal law for the state of: Massachusetts

    ok, here's my story.

    so i think it was december 28, 2010. i was 17 at the time and i got pulled over. i had drug paraphernalia (marijuana pipe), vodka, and i was driving under the influences of drugs (marijuana). the cop never arrested me. instead he took me back to my house and basically setup all these rules and regulations of his that i must follow which included
    -drug testing by parents
    -keep good grades
    -delete facebook (i dont know what tht has to do with anything
    -and dont hangout with my friends anymore cuz "they aernt my friends anymore

    he also took my license but gave it back two weeks later bc he got me a job and i needed to drive to go to work.....
    any violation to his "rules" would result in me getting arrested for the charges. well im 18 now and its been like 2 months since the incident. the cop has been checkin in with me and shit, and he found out i had a facebook again (even tho i thought i was allowed to bc my counselor told my parents tht he thought i shuld get everything back).and he also knows i used marijuana again. now he's threatening to take me to court and bring up the charges tht were 2 months old.

    my question is can he do this?
    i feel like hes taking the law into his own hands and using it to blackmail me. i realize he did me a HUGE favor by not arresting me, but he didnt arrest me and tht was his choice. i feel like he cant just go arrest me for charges tht were old.

    im not a bad kid, i get As and Bs, have been accepted to college, i just ****ed up once and got caught.

    any input is appreciated, thank you

  2. #2
    Join Date
    Jul 2010
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    8,006

    Default Re: Some Input About Old Charges with Cop

    Sounds like an old school officer...they used to do things like this in the older days to keep kids from messing up their lives with a permanent record. He has until the statute of limitations to file charges on you. The conditions he set on you, with the exception of the no FB thing and the drug tests would have been through your PO, are common rules you might have had to abide by had you gotten probation for the charges. The only real problem he may have is this, what happened to the evidence against you from the original? Did he file it properly to maintain the chain of custody? It's possible but I'm kinda guessing it didn't happen. Without the evidence, or some kind of statement of admission on your part, it wouldn't get too far in court.

  3. #3

    Default Re: Some Input About Old Charges with Cop

    thank you for responding

    what do you mean by "He has until the statute of limitations to file charges on you"

    and the pipe that was in my car is now long gone in some random dump...he made me smash it and throw it away, and the vodka, he made me pour it all out down the drain at my house, and im not sure what my parents did with the bottle

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: Some Input About Old Charges with Cop

    Quote Quoting drummermatt93
    View Post
    thank you for responding

    what do you mean by "He has until the statute of limitations to file charges on you"
    Typo, there should have been "runs out" before "to file charges...." It means that, given that the charges would most likely have been misdemeanors, that he has 6 years (the statute of limitations for misdemeanors) to bring charges against you.

    Quote Quoting drummermatt93
    View Post
    and the pipe that was in my car is now long gone in some random dump...he made me smash it and throw it away, and the vodka, he made me pour it all out down the drain at my house, and im not sure what my parents did with the bottle
    Sounds to me like he would have a very difficult time getting a prosecutor to take the case when the evidence was destroyed or there being a conviction. But you would still have the arrest and charges on your record. The FB restriction was kinda BS but why did you chose, when you were given a break for heaven's sake, to mess around with drugs again?

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