Q: If I got booked for a dui and not heroin. Can the cop come a month later to say he found heroin in the vehicle?
I was brought to jail for a dui with no breathalyzer so they could take my blood. THC will be found in my blood. The officer also found heroin but never booked me with it and when my charges were read while being booked it didn’t show up. Can that state trooper come to my house and ask for me? Can I be charged for something that I wasn’t booked for at the time of incident? If so, why not charge me then and say they were testing the substance? I’m so confused. Why did the arresting state trooper come knocking at my door. Is he an addict and wants more?
A: Yes, you can be charged after an arrest. The District Attorney ultimately decides what criminal charges to pursue, but you can be charged after the fact. No, the cop is not an addict, and it would be foolish to raise that issue as part of your defense.
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