Ifa sheriff found you possession of a narcotic and didn’t arrest you at the, time can they file charges later?

After allowing a sheriff to search her room, they found narcotics and a scale. They read her her Miranda rights but did not arrest her. They said if she cooperated with them and gave them information that they would not file charges against her. If she doesn’t cooperate with them they said they would charge her with sales of narcotics. They told her to call them in a week to discuss her decision with them. If they had a case wouldn’t they have arrested her and then made a deal with her? Can they file charges and arrest her later?

Asked on November 4, 2011 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a sheriff found a controlled substance in the possession of a person but did not arrest the person at that time, that person can be arrested at a later time. From what you have written the sheriff deputy plans on using the person that you have written about as a means to obtain information as to who was providing her the controlled substance.

I recommend that the person who you are writing about retain a criminal defense attorney to represent her and for the attorney to directly speak with law enforcement not her in the future.

Goof luck to her.

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