Atlanta, GA asked in Criminal Law for South Carolina

Q: Can an officer pull u over and test a pill and weed tell u that they aren't charging you for it only gives the person

A dus and let them go but comes back a month n half later to serve a warrant with the whole narcotics team. Inst that like double Jeopardy

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1 Lawyer Answer
Casey Brown
Casey Brown
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: The first question is Did the officer have a right to stop the vehicle. Then, the issue is how did they find the alleged substances. They should not be tested these substances roadside. But it is possible to charge the person later with a warrant for arrest though problematic for the prosecution. Double jeopardy is when jeopardy has attached to a person beginning at a specific period of the judicial process. Such as testimony or the swearing of a jury depending on what type of trial the person has selected. An attorney should be able to point out the legal issues in the matter and protect the rights of the accused while guiding them through the judicial process.

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