If a cop confiscates illegal narcotics, can they come back and arrest you days later for the aforementioned narcotics?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a cop confiscates illegal narcotics, can they come back and arrest you days later for the aforementioned narcotics?

On the way back to his apartment my neighbor was stopped by a plain clothes officer who identified himself. Upon finding out which apartment he lived in the officer said that he was the exact individual he was looking for and that there were reports of an odor of marijuana coming from his apartment. My neighbor was honest and handed over the small amount of marijuana he had on him. The officer then entered the apartment and confiscated several pieces of paraphernalia. The officer escorts my neighbor to his car and offers him the following,

Asked on August 2, 2017 under Criminal Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no law that requires a suspect to be arressted on the spot. While tyically that is what occurss, for various reasons, this is not always done. Further, this is true whether or not contraband is confisacated at the time of the incident. The fact is that a person can be arrested days, weeks, months, sometimes even year, depending on the crime involved nd other factors.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you *can* be arrested days after the drugs or other contraband are confiscated or otherwise found on you or in your possession. There is no law or other legal requirement that the authorities charge you on the spot or not at all. They typically have at least 6 months, and often several years, to bring criminal charges if they choose to  (that is, depending on the exact charges in question, the "statute of limitations," or time within which to bring charges, is generally between 6 months and several years).


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption