Can I be charged still if a detective says he’s going to if I didn’t cooperate with him?

UPDATED: Sep 30, 2022

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Can I be charged still if a detective says he’s going to if I didn’t cooperate with him?

I was caught with a large amount of heroin but wasn’t arrested because they wanted me to work with them. I avoided it and they showed up at my family’s multiple times looking for me. I called the number my mother gave me and it was a detective and he said that if I didn’t cooperate I was being charged with possession and distribution. I don’t know if he’s trying to scare me or if he really can charge me still.

Asked on July 23, 2017 under Criminal Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You write that you were "caught with a large amount of heroin"; therefore, you committed a crime (a major felony, in fact) and so the authorities can charge you. While they might *choose* to not charge you if you cooperate (e.g. become a confidential informant), they absolutely have the right to charge you and can do so if they want. You need to hire an experienced criminal defense lawyer *immediately* and not say anything to anyone about this until you speak with him or her--and then follow his or her advice. Let the lawyer speak to the police after discussing the situation with you; the lawyer can determine if the deal being offered is good for you and, if so, they can make sure it is an enforceable deal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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