Can I be charged for a misdemeanor in another state after they already let me go?

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Can I be charged for a misdemeanor in another state after they already let me go?

I was stopped today in DE in an attempt to purchase marijuana. I never purchased nor was I in possession. There were 4 undercover officers that were at the location of the deal. They asked if I was there to meet the dealer and I said no. They let me go and then 5 minutes later chased me down and pulled me over. They searched my car and told me they were letting me go. After about an hour another officer called me and said he was going to charge me for my attempt to purchase the marijuana and said my charge is going to be a 2nd degree misdemeanor of criminal solicitation and they want me to turn myself in tomorrow. Upon researching criminal solicitation, I cannot find any info on that particular crime. Also, the officer took my phone and looked through it without any warrant, nor did he have a warrant to search my car, or have my permission. Can they now charge me for this crime even though they have no evidence and they let me go twice? I do not live in that state. I live in PA. They have called me 3 times since the incident. What do I do? Should I speak with a criminal defense attorney? In New Castle, DE.

Asked on August 16, 2010 under Criminal Law, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Criminal Solicitation is known as an "inchoate" crime which is an incomplete crime, meaning tha it has to be tied to a substantive crime to obtain a conviction.  In Delaware there are three "degree" of criminal solicitation: first degree, which is a Class E Felony, second degree, which is a Class F Felony and third degree, which is a Class A misdemeanor.  The key words in the statute appear to be "solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage in conduct" that constitutes the misdemeanor or felony.  I would most certainly consult with an attorney as soon as possible.  Have him or her call the police on your behalf and if they call forst advise that you have retained an attorney and give the police their name and number.  Good luck.


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