Legal Question in Criminal Law in Indiana

no charges filed yet drug related

the police came to my house, and

said that they had information that i had marijuana in my house,they told me that i had to let them search or they was going to get a search warrant.I gave them consent to search because if I cooparated with them that I would not goto jail. So I turned over two ounces of marijuana to them, I was never cited had my rights read or taken to jail or anything else. They told me they would give me three days to give them some names of people I get my pot from,or they were going to come back to arrest me.My question is cane they come back and arrest me or should they have done this on the spot,also I've packed up and moved out of state.can they stil put out a warrant or is it to late.


Asked on 1/29/08, 9:16 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: no charges filed yet drug related

The answer is yes, the police can come back and arrest you, if the amount of marijuana exceeds 100 grams. (If less than 100 grams, it is a minor misdemeanor, and all they can do is issue you a citation). If the quantity was actually two ounces, then it would be less than 100 grams.

There is no requirement that the police charge you immediately. For most misdemeanor offenses, they have two years. However, because you moved out of the jurisdiction, the clock has not begun to run, so they have two years from whenever you return to Ohio.

The fact that they did not read the Miranda rights is of no consequence for the search (but it might make a difference on whether any statements you made to the police can be used against you).

Based on the facts stated in your question is is apparent that you are not comfortable dealing with the police yourself. That is why people hire attorneys.

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Answered on 1/30/08, 10:13 am


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