Legal Question in Criminal Law in Massachusetts


I got stabbed on Christmas spent the

night at the hospital.While there the

police question me and that's that I

get released from the hospital with no

meds and they cut my clothes and

took my sneakers.So the next day a

detective calls me to come in and talk

I go and give them my side of what

happend and at the end they tell me to

look at some photos I didn't recognize

anyone and they said I was going to

cooperate.So then I ask for my

property which is keys cellphone and

$$ and they tell me I had some weed

on me which I don't think I did and

now they give me everything back

except my money saying that there

going to talk to the da and see if he

wants to charge me.Can they do that

after the fact and if so how come I

didn't get arrested?

Asked on 12/27/08, 5:36 pm

3 Answers from Attorneys

Nikiki T. Bogle, Esq. Bogle & Chang, LLC, Attorneys at Law

Re: Stabbed

I hope you are recovering well after a nightmare Christmas day for you.

Yes, the police can charge you with a crime, even if you are not guilty. They do not need to arrest you for possession. They can give you or mail you a summons to go to court for arraignment to answer to the charge.

You may have a good Motion to Suppress Evidence (the drugs). They can take your money, depending on the type of drug crime they charge you with. But, your lawyer can file a Motion to Return Property once the case is over.

You should contact our law firm tomorrow for a confidential consultation regarding your legal rights and options.

Call six one seven, five four four, three nine one zero.

Thank you,

Attorney Nikiki Bogle.

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Answered on 12/28/08, 6:12 pm
Gregory Casale Gregory Casale Attorney At Law

Re: Stabbed

Yes the police can charge you after you get out of the hospital. They do not have to arrest you on the spot. They gave you a break by not arresting you while you where in the hospital. They were probably trying to play good cop to get you to cooperate, which apparently worked. The police are never trying to help you out by asking you questions. If they really wanted to give you a break they would go away and leave you alone. Get a good crimial defense attorney ASAP and DO NOT TALK TO ANYONE about any of this any more. Especially not the police.

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Answered on 12/27/08, 9:06 pm

Re: Stabbed

Yes they can charge you after the fact if there were drugs in your possession; it is not a requirement that you be arrested. More importantly, you should have an attorney represent you in court to challenge the search of your personal effects and move to suppress the "weed" that ws seized. Money can be held as evidence or be subject to civil forfeiture when drugs are involved... carrying money and drugs at the same time creates this risk. The forfeiture can be challenged in court.

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Answered on 12/28/08, 3:28 pm

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