Legal Question in Criminal Law in New Jersey

I was walking into a friends house and two sheriffs were at the bottom door of this apartment complex looking for someone. They said I looked like the suspect and made me give them my license and sit down. They ran my name and found out that I wasn't him and also had no warrants. They continued to queston me and searched my pockets and found 3 adderal pills that I didnt have a prescription for. The Sheriff said that he wasn't going to charge me that day and I needed to contact him in three days or sooner with informaton about the person they were looking for or he was going to send a court notice in the mail and charge me for possession if I did not help him with information, and exspecially if I didnt call him to at least tell him I tried. Can he do this honestly?


Asked on 9/03/10, 2:29 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Possessing prescription medicine without a prescription IS a criminal offense. He CAN charge you. Apparently, he only needs to hear that you TRIED to get information for him. Also, he can

still charge you after you cooperate. He can also try to add to his requirements for not charging

you.

It also seems to me that he searched you in violation of the United States Constituion.

Call me if you like.

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Answered on 9/08/10, 2:53 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I guess there are two questions here. Can he offer to not press charges against you if help him out. Yes. Without any type of written agreement though, you could help him and then still get charged. Hard to tell how often that happens and why.

Can he pat you down. That's a tough one. Police can perform a terry-stop (stop and frisk) on almost no evidence. Based upon your facts, it seems like they would have a tough case but cops are not that dumb, so I am sure the police read a little different than what you indicate. Regardless, if you are charged, you will be forced to get an attorney. So, the sooner you handle this, the better for most cases.

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Answered on 9/08/10, 2:56 pm


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