How can the police department force you to be an informant, by telling you that they have an sealed indictment on you.

Asked about 2 years ago - Auburn, NY

My nephew has been arrested with a 2 year old sealed indictment. He was told if he co-operates with the police the sealed indictment could go away. When he didn't co- operate by giving out names of drug dealers, he now has been charged with 2 counts of cscs 3rd and cscs possession.

Attorney answers (4)

  1. Harry Edward Hudson Jr

    Contributor Level 20

    4

    Lawyers agree

    Answered . Mr. Southard's assessment about answers to your post is correct.
    I do not recommend that clients make deals with cops. Cops do not have authority to make binding agreements about proecution. DAs do have that authority. I have made deals with DAs about cooperation. So, deal could still happen. Caution, some dealers get real mad when they get ratted out and it is not always the "rat" who gets hurt. Families are favorite targets.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  2. Richard C. Southard

    Contributor Level 18

    2

    Lawyers agree

    Answered . You answered your own question. He is not being forced to cooperate as evidenced by the fact that he chose not to cooperate with the police. That doesnt mean that there aren't consequences for his lack of cooperation, especially if they have evidence that he was involved in the drug sales. If his defense is that they are framing him and lying because of his lack of cooperation, then that is something that can be brought out by his defense attorney. The fact that it is a two year old incident shouldn't matter as the Statute of Limitations allows the police to prosecute within five years for this felony.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  3. Joseph A Lo Piccolo

    Contributor Level 20

    2

    Lawyers agree

    Answered . They can't force you but they can use it as leverage to get what they want. It is sadly, legal.


    Joseph A. Lo Piccolo, Esq.
    President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  4. Benjamin J Lieberman

    Contributor Level 20

    2

    Lawyers agree

    Answered . It isn't the cooperation or the lack thereof that brought on the indictment - it is the criminal activity. No one can ever be forced to cooperate but law enforcement can try to bargain with you. If the indictment is two years old you may have speedy trial issues. You nephew should have a lawyer and discuss all these issues with him/her.

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