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 attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
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)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
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 relationship as this forum does not provide for a confidential communication.
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.