Can I be charged with possesion after I have beenn arrested? 37 Answers as of October 31, 2011

It is not the police that charge you with a crime, it is the prosecuting attorney. After reviewing the police report, the prosecutor decides what, if any, charges to bring. If you have been charged, you will need to defend and should seek the assistance of an attorney.

You can get charged with possession after you are arrested. Once arrested there is a search of your person incident to arrest and also potentially a search of your vehicle. If drugs or some illegal object/substance is found during those searches then you can be charged.

If you were in possession of drugs you can be charged with that, even after the initial arrest.

You can be charged with anything the police want to charge you with, but remember this: they have to have PROOF, and if they recovered no drugs on you, they do not have a case that will stand up in court, but if you did have something in your possession, and do not remember, then they will probably prevail in court. Get an attorney to represent you.

There is nothing on your copy of the ticket. There will be a police report or a copy of the ticket with a narrative.

When the prosecuting agency reviews the factual summary of the case, they can file additional or different charges if they believe it is supported by the evidence.

As to whether there is a proper basis for a charge you need to get a copy of the charging tickert or complaint. That complaint, once sworn to, will serve to advise you as to the nature of the charges against you.

If additional evidence is found after they write you a ticket, the DA can add additional charges based on what was found.

Yes they can charge you. You need to get an attorney.

Of course. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can charge or amend at any time he feels he can prove additional or different charges. What can you do? When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against an experienced prosecutor intending to convict. The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

Yes. Once the District Attorney's Office is the only department that can 'charge' an individual with a crime. Contrary to popular belief, the police do not 'charge' people. Once a DA gets a police report, they go over the case and decide what charges are proper.

Apparently, they can charge you. The issue is whether you can avoid a conviction.

Yes. If there is no evidence, you will easily be acquitted on the charge.

Sure. I suspect that there is a supplemental report if there is a charge. You need to consult with an attorney.

They certainly can try and they may be successful. You should hire an attorney to defend yourself.

The police report was a summary. If they located something, and needed to have it tested before they determined what it was, the prosecutor can add the charge later. The question for you is: Do you admit to things you do not remember, or do you retain an attorney. I advise the attorney route. See my website: www.lawrencelewispc.com Good luck.

Without knowing the specific facts of the case, I would not be able to clearly answer the question. The police can charge a crime anytime within the statute of limitations, which is 5 years, if the evidence supports the charge.

You can be charged regardless of what info. was in the report or ticket. However the less information the state has, the more difficult it will be for them to obtain a conviction.

Even after the police write a ticket they will write a report of the incident. After that time there can be a follow-up report to the incident. The charges on the ticket can be more severe or less than the filed charges.

They can always amend their charges to tack on additional charges if they have a rational basis to do so whenever they want. However, if they don't have sufficient evidence to support the new charge, it will be difficult for them to make the new charge stick. In what city did the violation occur in?

yes. A citation is not a charging instrument in Oregon. Later discovered evidence can produce new charges at any time, up to the statute of limitations.

You can be charged with a crime at anytime as long as it is within the statute of limitations. If you believe the case against you is weak, seek out legal counsel. At least have an attorney review the report for any errors that could get the charges reduced or dismissed.

If they found something and it took awhile for the lab results to come back then yes they can charge you, especially if the other charges have not been resolved yet.

You can be charged. The important question is whether they can prove the charge.

You can be charged with additional offenses if the police have sufficient evidence to prove those offenses.

Yes, they can charge you with whatever they believe they can prove. Timing doesn't matter.

Yes. They have until the statute of limitations runs to add more charges.