If you are pulled over and paraphenalia is found but you are not ticketed or jailed, can they later come back and arrest you for not cooperating as an informant?

I was pulled over recently and turned over a pipe to the officer. They chose to let me go but said that if I couldn’t provide them with information on an aquaintence of mine that they are trying to bring drug charges; he had 2 years to charge me for the paraphenalia. Is this true, or even legal? If it’s not legal, is there a way to file a report with his commanding officer, or bring up charges?

Asked on June 26, 2012 under Criminal Law, Texas


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

The police can always attempt to file charges with the local prosecutor if they so chose, but in possession cases, it may be difficult to show due to the time frame (2yrs) in which the evidence was confiscated and its admissibility at trial.

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