Asked in Criminal Law for Alabama

Q: I was pulled over and an officer found kratom in my car, but did not arrest Me and offered to let me go if I would agre

I was pulled over and an officer found kratom in my car, but did not arrest Me and offered to let me go if I would agree to work with narcotics. He said if I didn’t contact the number he gave that he would issue a warrant for my arrest. Is this legal?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: The legality of the situation you described is questionable and raises several concerns. First, it's important to know that kratom's legal status varies by state and jurisdiction. If kratom is legal in your area, possessing it should not result in any criminal charges.

If kratom is illegal in your jurisdiction, the officer's approach to handling the situation is unusual and potentially problematic. Law enforcement officers can propose cooperation in ongoing investigations, but threatening to issue a warrant if you do not agree to cooperate can be seen as coercive and may not be legally enforceable.

It's advisable to consult with an attorney as soon as possible to discuss the specifics of your encounter with the officer. An attorney can provide guidance on your rights and the best course of action in your situation. They can also help determine the legality of the officer's actions and any potential defense strategies if charges are brought against you.

Remember, you have the right to legal representation, and it's important to exercise this right before making any decisions or agreements with law enforcement. A qualified attorney will ensure that your rights are protected throughout the legal process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.