Get A FREE Consultation!
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Menu
If the police let you go can they charge you later?
In this article, you’ll learn about:
Let’s dig in.
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Yes, the police can charge you with a crime after letting you go.
There are several reasons why this might happen:
The police have different timeframes to charge you.
This depends on two things:
For serious crimes, there might not be a time limit.
This is known as a statute of limitations.
If there’s no statute of limitations, the police can charge you anytime.
That could be years or decades after the crime.
For minor crimes, there’s usually a time limit.
This limit is also called a statute of limitations.
It determines how long the police have to bring charges.
The time limit isn’t the same everywhere.
It changes based on jurisdiction.
The time the police have to charge you with a crime varies depending on:
This period is known as the “statute of limitations.”
For minor offenses, like misdemeanors, the police usually have one to two years to file charges.
For more serious crimes, like felonies, the police often have several years to file charges.
Some severe crimes, like murder or sexual assault, may have no statute of limitations.
This means the police can charge you at any time, even decades after the crime occurred.
Keep in mind these times can vary greatly by jurisdiction and a specific crime.
So, for your exact situation, you may want to look into local laws.
Some examples of the statute of limitations are:
The arrest process begins when police suspect a crime.
They need something called “probable cause”.
This means they have a good reason to believe you committed a crime.
After the police arrest you, they take you to the police station for booking.
During booking, the police record your personal information and the alleged crime.
They may also take your fingerprints and photograph.
Next comes the release process.
Depending on the crime and your history, you may get out on bail.
Bail is money you pay to ensure you return for your court date.
If you can’t afford bail, you might get released on your own recognizance.
This means you promise to come back for court without paying money.
Being let go doesn’t always mean you’re free of charges.
The police might still be investigating.
They can bring charges later if they find more evidence.
In short, an initial release doesn’t guarantee you won’t face charges in the future.
There are several reasons why police might release someone without charging them immediately.
Sometimes, the police don’t have all the facts they need to press charges.
They may still be collecting evidence.
In other instances, they might:
They let you go while they complete these tasks.
Another common reason is waiting for lab results.
Many crimes involve forensic evidence.
This evidence must go to a lab for testing, which takes time.
Until the police get these results, they might not charge you.
Lastly, the police often work with prosecutors to decide on charges.
Prosecutors review the evidence and help determine if it’s strong enough for a case.
If the prosecutors are still reviewing the evidence, the police might release you until they finish.
Yes, the police can charge you after releasing you.
This may happen for several reasons.
The statute of limitations sets time limits for when the police can charge you.
For some crimes, like murder, there’s no time limit.
For less serious crimes, the limit can range from a few years to many.
It depends on the crime and where you committed that crime.
The discovery of new evidence can lead to charges after your release.
For example, police might find additional proof, like security camera footage or emails, that link you to the crime.
Charges can also result from changes in witness testimony.
The police may later charge you if:
In the criminal justice process, you have crucial rights police don’t want you to know about.
First, you have the right to remain silent.
This means you don’t have to answer questions from the police.
Your silence cannot be used against you in court.
Second, you have the right to an attorney.
You can have a lawyer present during police questioning.
If you can’t afford a lawyer, the court will provide one for you.
Read More: Can You Tell Cops To Get Off Your Property
When the police arrest you, they should inform you of your “Miranda rights”.
This includes the right to stay silent.
Anything you say can be used against you in court.
If you choose to stay silent, that’s your decision.
The court can’t interpret it as guilt.
You also have the right to a lawyer.
You can consult this lawyer before and during police questioning.
If you can’t afford a lawyer, the state must provide you one.
This ensures you have legal advice during the criminal process.
If you believe the police may be investigating you, watch for these signs:
Read More: If You Have A Warrant Can You Just Pay It
Knowing if the police are investigating you for drugs can be tricky, as investigations often happen behind the scenes. Here are some signs that might indicate an investigation:
Remember, these signs don’t guarantee police are investigating you for drugs.
But if you notice them, consider getting legal advice to protect your rights.
Stay calm, don’t resist police actions, and refrain from volunteering information.
Instead, ask to speak with your defense attorney if you’re questioned.
Read More: Police Let Me Go After Finding Drugs
The time police have to file drug charges depends on the law in the relevant jurisdiction.
This period is often set by the “statute of limitations.”
The clock starts when the alleged crime occurs.
For drug charges, this timeline can range widely.
It can be as short as one year for minor offenses in some states.
Or there may be no time limit for serious drug crimes, like drug trafficking.
These laws can change, and they vary by state and country.
Therefore, the exact time frame depends on:
The police can file charges at any point within this time frame if they believe they have sufficient evidence.
This can happen even if the police initially let a person go without charges.
Yes, you generally have a right to know if you are being investigated.
However, this depends on the type of investigation and the specific circumstances.
Law enforcement agencies may conduct investigations without immediately notifying the individual involved.
If the investigation leads to criminal charges being filed, you will be informed about the charges.
Also, if a search warrant is executed at your property, you usually have the right to see the warrant which indicates an investigation.
During an investigation, law enforcement may also use tactics like surveillance, which you may not be immediately aware of.
There are circumstances where you may not know until the investigation has progressed to a certain point.
If you are approached by law enforcement as part of an investigation, you have rights, such as:
Aka, you don’t have to say a word to the police when they show up.
Read More: I Committed A Hit And Run How Long Will It Take For The Police To Find Me?
Recognizing if you’re being set up by the police can be challenging, but there are signs to look for.
Remember, these are just potential signs, and they don’t guarantee that you’re being set up by the police.
However, if you observe any of these, it’s wise to exercise caution and avoid any illegal activities.
Police can generally detain you for a reasonable amount of time to conduct an investigation.
This could be a brief stop on the street, or it could be longer at a police station.
The U.S. Supreme Court has not defined an exact length for “reasonable”.
It depends on the situation.
For traffic stops, 15-20 minutes might be reasonable.
For more complex cases, several hours might be acceptable.
If police arrest you, they can keep you until a court hearing.
This might take up to 48 hours.
But in some cases, like weekends or holidays, it could take longer.
Remember, being detained does not mean you are under arrest.
It is a period of temporary custody for questioning or investigation.
Here are other questions our clients ask us about police letting you go and charging you later.
Yes, police can bring you in for questioning without a warrant.
This usually happens when they believe you might have information about a crime.
However, you’re not obligated to go unless you’re under arrest.
If you do agree to go, remember that you have rights.
You can remain silent and you can ask for an attorney at any time.
If you’re uncomfortable, you can leave unless you’re under arrest.
You can ask, “Am I under arrest?” and “Am I free to go?”
It’s crucial to stay calm, be polite, and clearly express your rights during such encounters.
To find out if criminal charges are filed against you:
The length of time police can keep your phone for an investigation varies widely.
There’s no set time limit.
It depends on the specifics of the investigation and jurisdiction.
If your phone is evidence in a case, police can hold onto it until the case concludes.
This could be weeks, months, or even longer.
Police must generally obtain a warrant to search your phone.
The warrant specifies what they can search for.
If they need more time to extract or analyze data, they may apply for an extension.
Ultimately, the return of your phone depends on legal procedures and the progress of the case.
If you are facing a conviction after police let you go, fill out the form on this page.
Our criminal defense attorneys have the experience you need to defend your rights.
This way, you don’t:
You deserve a fair trial in the criminal justice system.
We can provide you with that.
Talk soon.
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Need to keep your money and property safe? We help make sure your hard-earned assets are protected. Our team knows how to create plans that guard against lawsuits and creditors. We work to keep your wealth safe for you and your family’s future.
This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice. Check out our privacy policy.