Austin, MN asked in Criminal Law for Minnesota

Q: I was caught with 1 gram of thc oil can I still be charged with a felony if they didn't arrest me or give me a ticket

I was searched and they found 1 gram of thc oil then was let go could I still be charged with a felony this is my first offence

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2 Lawyer Answers

Jonathan Matthew Holson

  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: The fact that you weren't arrested or given a ticket is meaningless. Typically a charge like this would be handled via complaint which means that you may receive a charging document in the future with a court date to attend.

Thomas C Gallagher

  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Yes. A prosecutor can charge a person with a crime regardless whether that person was ever arrested or given a ticket-citation by police. Whether the charge was a first time charge, or whether the person had priors makes no difference here. However, a first timer should be able to get a better outcome that a person with priors, in general.

If person is waiting to be charged, they should be careful to be law abiding and not call attention to themselves. A few are never charged. Even a delay in charging is a good thing.

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