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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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