Criminal Defense Q&A: Police Caught Me with Heroin, But Didn’t Write Me a Citation – Can I Still Be Arrested?

Question:

What happens if I got caught with heroin and they didn’t write me a ticket in California ? I got pulled over and they found heroin and paraphernalia, but they tried to cut a deal and wanted me to set up a deal with my dealer. They wanted me to call an investigator the next day, and they said if I don’t end up calling they will assume I don’t want to work with them. I’m just curious if they can still give me a ticket if they didn’t write me one when I was pulled over and caught with everything? They wrote our information down but never wrote a ticket or have us sign anything.

Answer:

Yes, charges can still be filed against you. Police will forward their investigative reports to the District Attorney’s Office. If the D.A. is confident that the evidence that the police gathered can secure a conviction, charges will be filed.

Depending on the charges and your criminal history (if any), the prosecutor may send you a letter notifying you that charges have been filed and instructing you to come to court on a certain date. Or, the prosecutor may have a warrant issued for your arrest, meaning that you may be arrested at home or at work.

It may be prudent to consider retaining a criminal defense attorney at this time. The help that an attorney provides in the time between the arrest and when/if charges are filed is known as pre-filing services.

During this time, the attorney can contact the authorities on your behalf and inquire into the status of your case; he or she can handle any inquiries from police for you; advise you about the benefits and risks of cooperating with investigators; and he or she can help you discreetly resolve an arrest warrant if one is issued for your arrest.

Read other criminal defense attorney answers at Avvo: Police Caught Me with Heroin, But Didn’t Write Me a Citation – Can I Still Be Arrested?