Results 1 to 3 of 3
  1. #1

    Default Not Arrested at Time of the Crime - Will I Still be Charged

    the driver of the car we were in was under the influence and we got pulled over for a busted tail light.
    As the officer came, my friend could not find his registration, and he gets pulled out for a sobriety test.
    The officer takes us and starts questioning us and they smelled and knew we were smoking pot.
    Then the officers find another substance in the car that me and my friend did not know about.
    We confessed to smoking marijuana because it was clearly obvious; the smell, our eyes, and the other substance coming out threw everything off.
    The driver gets arrested and they only took our names down for our numbers and they drove us home. (we are all 18)
    and they did say that they might call to ask questions about the night and that they do have a year to charge me with the smoking charge because i admitted it and the whole incidence was on tape.
    That sounds like a threat to come and arrest me...but do i not have the right to plead the fifth and remain silent if they call me? if i do resist to answer questions, will i get arrested?

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Not Arrested at Time of the Crime - Will I Still be Charged

    Very simple....they have a year to charge you.

    Consult with a lawyer. Find out if you should have him/her on speed dial, and know your rights.

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Not Arrested at Time of the Crime - Will I Still be Charged

    Quote Quoting hypokritical
    View Post
    That sounds like a threat to come and arrest me...but do i not have the right to plead the fifth and remain silent if they call me? if i do resist to answer questions, will i get arrested?
    Yes, that was a threat that you may be arrested...and not an idol threat! Yes, you have the right to refuse to answer questions. No, you cannot be arrested for exercising your right to not answer questions...but, that does not prevent you from being arrested or charged for any crimes for which the cops develop probable cause.

    You do understand that is possible that you will be arrested/charged with more than just smoking pot...right? It is quite possible for you to be charged for possession of "another substance" that was found in the car. Since, I assume, that other substance was an illegal substance more significant than marijuana, that could well be a felony drug charge (although you don't even tell us what state you are in. So, it is impossible to guess at what possible penalties you may be facing). That's the problem with hanging out with druggie "friends!" Druggie "friends" are unreliable and will get you into more trouble than you bargained for sooner rather than later.

    The cops saw obvious evidence that you were under the influence of marijuana, you admitted to smoking pot, and you were found in constructive possession of "another substance." That is more than enough to get you arrested and convicted. I am truly surprised that you were not arrested at the scene. My advice is to A) grow up and quit smoking pot, B) lose your druggie "friends" before they get you into even more trouble, and C) get a lawyer on retainer and have him/her on speed dial.

    1. Sponsored Links
       

Similar Threads

  1. Initiation of Charges: If You Have Never Been Questioned or Arrested for a Crime How Can There Be a Warrant
    By kellyjo in forum Criminal Procedure
    Replies: 5
    Last Post: 01-27-2012, 02:18 AM
  2. Bail, Bond and Pretrial Release: Arrested for the Same Crime Twice
    By Archie in forum Criminal Procedure
    Replies: 3
    Last Post: 09-29-2011, 07:25 AM
  3. Initiation of Charges: Can I Get Arrested If My Ex-Girlfriend Implicates Me in a Crime
    By Tim31 in forum Criminal Procedure
    Replies: 6
    Last Post: 02-16-2010, 04:33 AM
  4. Theft and Larceny: Can I Be Charged with a Crime
    By mraggard in forum Criminal Charges
    Replies: 1
    Last Post: 05-31-2009, 11:20 AM
  5. Search and Seizure: Man Searched and Arrested Not Involved in Original Crime
    By pissedinMS in forum Criminal Procedure
    Replies: 2
    Last Post: 09-02-2008, 09:21 AM
 
 
Sponsored Links

Legal Help, Information and Resources