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Will they file charges if I don't cooperate and don't do a controlled buy ?

Tallahassee, FL |

I was at a location where a drug search warrant was being executed. After a Terry frisk, they found no narcotics on me. My car was parked in the driveway and they searched it and found half of an alprazolam (xanax). I was prescribed xanax a couple years ago. They detained me but they weren't able to get a statement and I didn't admit to any wrong doing. The lead investigator "promised"to not file any charges if I agree to a controlled buy. The charges they threatened to use were purchase of oxycodone and possession of alprazolam. Will they file charges or this an empty threat ?

Attorney Answers 4

Posted

Interesting question. First of all the lead investigator does not make the decision to file or not file criminal charges against you.
That's the job of the assistant state attorney assigned to the case. If there is insufficient faacts to go forward on any criminal charges the prosecutor will file a no info or dismiss the charges if you have been arrested.
In your case there is no way of knowing what evidence the lead investigator had against you other than what you've explained. He may have enough to go forward then again he may not.
If you cooperate he may not send the case onto the state attorneys office which would mean that you would not be prosecuted because there would be no evidence presented to the assistant state attorney. However he may not have enough information anyway. I recommend that you would hired experience criminal defense lawyer in the Tallahassee area to assist you

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Zachary Michael Ward

Zachary Michael Ward

Posted

Our local SAO files on about 96% of arrests. We don't enjoy much of a screening process between law enforcement and the SAO.

Posted

Mr. Hayslett pretty much covered the bases with his response. In short, the answer is maybe/maybe not.

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Posted

Maybe - maybe not is the correct answer but to take it even further the question is can they prove their case beyond a reasonable doubt. Lots of facts and factors go into that analysis. If it was me I'd tell the Lead Inv. thanks but no thanks....sounds too dangerous for the amount of exposure you would have.

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Posted

Not an empty threat in Tallahassee. They will file on you. Based on the facts you have given the State may have a tough time convicting you, but expect them to try. Feel free to call my office for a free consultation (850) 224-4607. If you don't call me, please call an attorney as soon as possible.

www.zachwardlaw.com

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