Legal Question in Criminal Law in Massachusetts
Stabbed
I got stabbed on Christmas spent the
night at the hospital.While there the
police question me and that's that I
get released from the hospital with no
meds and they cut my clothes and
took my sneakers.So the next day a
detective calls me to come in and talk
I go and give them my side of what
happend and at the end they tell me to
look at some photos I didn't recognize
anyone and they said I was going to
cooperate.So then I ask for my
property which is keys cellphone and
$$ and they tell me I had some weed
on me which I don't think I did and
now they give me everything back
except my money saying that there
going to talk to the da and see if he
wants to charge me.Can they do that
after the fact and if so how come I
didn't get arrested?
3 Answers from Attorneys
Re: Stabbed
I hope you are recovering well after a nightmare Christmas day for you.
Yes, the police can charge you with a crime, even if you are not guilty. They do not need to arrest you for possession. They can give you or mail you a summons to go to court for arraignment to answer to the charge.
You may have a good Motion to Suppress Evidence (the drugs). They can take your money, depending on the type of drug crime they charge you with. But, your lawyer can file a Motion to Return Property once the case is over.
You should contact our law firm tomorrow for a confidential consultation regarding your legal rights and options.
Call six one seven, five four four, three nine one zero.
Thank you,
Attorney Nikiki Bogle.
Re: Stabbed
Yes the police can charge you after you get out of the hospital. They do not have to arrest you on the spot. They gave you a break by not arresting you while you where in the hospital. They were probably trying to play good cop to get you to cooperate, which apparently worked. The police are never trying to help you out by asking you questions. If they really wanted to give you a break they would go away and leave you alone. Get a good crimial defense attorney ASAP and DO NOT TALK TO ANYONE about any of this any more. Especially not the police.
Re: Stabbed
Yes they can charge you after the fact if there were drugs in your possession; it is not a requirement that you be arrested. More importantly, you should have an attorney represent you in court to challenge the search of your personal effects and move to suppress the "weed" that ws seized. Money can be held as evidence or be subject to civil forfeiture when drugs are involved... carrying money and drugs at the same time creates this risk. The forfeiture can be challenged in court.
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