dea found four 30mg percocets on me

how long after i was let go for the offense can i be rearrested? - Is this your question? Add additional information
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Answers (2)

Steven Haney

Steven Haney

Contributor Level 4
typically, within whatever time period remains within the statute of limitations.
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Jeffrey Alan Lustick

Jeffrey Alan Lustick

Contributor Level 5
If the federal government pursues charges on this, I would be surprised. Maybe if you possessed 3,000 tablets or had a tablet producing operation in your home, they may want to handle this case.

If the feds do move on you, you probably won’t be re-arrested. You would receive a pre-indictment letter in the mail telling you that your case is about to be submitted to the grand jury for charging. This is a secret panel of jurors who listen to evidence in a closed session and decide to charge people with crimes. It’s really the option of the prosecution to arrest or as you put it, re-arrest after the indictment is handed down. But your alleged offense is so small, if you are charged (or get indicted) you’ll be asked to report to the federal courthouse and attend an arraignment.

What is more likely to happen in your case is that the matter is referred to the county prosecutor for prosecution. In minor or small drug cases, this happens a lot. Were this to occur, the county prosecutor would have the option of summonsing you into state court. But even in this scenario, you would not necessarily be re-arrested.
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