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?

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James L. Arrasmith
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Answered

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.

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