Amarillo, TX asked in Criminal Law for Texas

Q: I was arrested last year forA traffic warrant On the way to the jail I informed the officer that I had possession

A controlled substance and he assured me that he was going to throw it away and not charge me for it can they come back and charge me with it later

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1 Lawyer Answer
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Most people find it shocking that police officers can lie to civilians without any consequence. A police officer who promises that you will not be charged is making a promise that they do not have to keep. Many times police officers will tell people that they have arrested that they will not file charges against them if they give them information about ongoing criminal activity. The decision regarding filing or throwing out charges is completely up to the District Attorney or County Attorney in the jurisdiction where the arrest occurred. So, yes the police officer can lie to you even after you have provided them the information they have requested. Police officers make arrest decisions but the decision to file charges or throw charges out is the decision of the prosecuting attorney. Good luck and hire an attorney in your area that is familiar with these issues.

Kiele Linroth Pace agrees with this answer

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