Legal Question in Criminal Law in Colorado

DrugCharge

Policesaay ifI cooperate they will not charge me with anythingisthis usually the case?


Asked on 5/08/08, 5:26 am

3 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: DrugCharge

No, it is not their decision to charge you or not charge you, it is the prosecutors and only they can make that kind of an enforceable promise to you. I am currently fighting for a client where the police made that kind of a promise and he was charged in federal court. Good luck, and if you want to cooperate with the law, my advice is hire an attorney to work out any arraingement with the prosecution so it won't come back later and haunt you.

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Answered on 5/08/08, 9:44 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: DrugCharge

No. and yes. The cops saying they won't charge IS usually the case. The cops not charging you IS NOT usually the case. A promise from a cop is not enforceable. They are encouraged to lie, and can be punished if they fail to lie. Only a deal with the DA isenforceable.

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Answered on 5/08/08, 12:10 pm
Jason Savela The Savela Law Firm, PC

Re: DrugCharge

cops lie and never put it in the report - get it in writing if you are going to do anything - you can have an attorney help you - beware how this cooperation may come back on you

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Answered on 5/08/08, 12:42 pm


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