Asked in Criminal Law for California

Q: Cop suspects you under the influence searches you and finds drug paraphernalia and a hypodermic needle in you possession

But agress not to arrest you and gives you the illegal items back if you give him "information" can he come back on a later date and arrest you if you dont give him the information he wanted?

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2 Lawyer Answers

David Philip Shapiro Esq

  • San Diego, CA
  • Licensed in California

A: Within 1 year, yes.

Diana W. Aizman Esq.

  • Criminal Law Lawyer
  • Encino, CA
  • Licensed in California

A: I agree with Mr. Shapiro. This is a misdemeanor charge and therefore the prosecution has 1 year to file charges againt you.

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