Can I still be charged with a crime if I was released? 47 Answers as of July 08, 2013

The money,which was found on the floor in a wallet, was turned over to the police. I was released and never arrested. Can I still be charged with a crime? How long do police have to charge me?. How will I receive the charge? Should I get a lawyer now or wait until I am charged?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Investigations may take a few months to complete. In some instances, it may take years. Yes, you may ultimately be charged. However, there are no guarantees. I'd recommend you retain a lawyer to help. If you are never charged, then so be it. However, in the interim, what you say and do could be used against you if they ever did proceed. I'd recommend you retain a lawyer.
Answer Applies to: Michigan
Replied: 11/8/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
It is still possible that you will be charged. It is not uncommon for defendants to remain out of custody, uncharged, while additional investigation is done. For misdemeanors, the statute of limitations (i.e., how much time can pass before the state can no longer bring the charges) is two years. For felonies generally, it is three years. The court and/or the DA's office will have the information if you have been charged. It wouldn't hurt to get a lawyer now, if for no other reason than to stay abreast of whether charges will be issued.
Answer Applies to: Oregon
Replied: 10/21/2011
Keyser Law Firm
Keyser Law Firm | Christopher W. Keyser
The police can still initiate charges against you even after your release. In fact, this is quite common for lower level offenses (misdemeanors). If you are charged, you will most like receive a notice to appear in court through the mail. This will list the time and date for your first court appearance. While it isn't necessary to hire a lawyer before charges are brought, it's a good idea to get one on board so you're prepared if it does actually happen.
Answer Applies to: Minnesota
Replied: 10/18/2011
Michael R. Nack, Attorney at Law
Michael R. Nack, Attorney at Law | Michael R. Nack
Criminal charges are subject to statutes of limitations which limit the amount of time they can be filed. It might be as little as one year or as long as five years.
Answer Applies to: Missouri
Replied: 10/17/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There is likely a statute of limitations, depending on what charge may be considered. The longer that you are not charged the safer you should feel. I would wait till charged to get an attorney and I would KEEP MY MOUTH SHUT.
Answer Applies to: Alabama
Replied: 10/17/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes you can still be subsequently arrested.
    Answer Applies to: New York
    Replied: 10/28/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You do not need a lawyer at this point since there are no charges pending. If asked, I would not speak to the police until after you consult with an attorney, and depending on the amount of money will determine the statute of limitations for the filing of any charges. The more time passes the less likely you will be charged.
    Answer Applies to: New Jersey
    Replied: 10/12/2011
    Law Office of Ernest T. Biando, LLC | Ernest Biando
    Yes- you can still be charged-each crime has its own statute of limitations so the time would depend on the charge-you could be mailed a summons to appear or the police can obtain an arrest warrant. It is always a good idea to speak with an Attorney about such matters, just to be prepared.
    Answer Applies to: Massachusetts
    Replied: 10/12/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They can still charge you do not make any statements to anyone. Yes go talk to an attorney at least.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You may or may not be charged.
    Answer Applies to: Minnesota
    Replied: 7/8/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You do not say what the money was about but just because you are released does not mean you cannot be charged after an investigation is completed. They have until the statute of limitations runs. You should talk with a lawyer just to get information and be prepared in the event the police issue a warrant.
    Answer Applies to: Texas
    Replied: 10/12/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you have not been charged you do not need an attorney. If the police contact you or arrest you ask to speak to an attorney and refuse to answer any questions except your name and address. No matter what the police promise or threaten do not answer a single question. Politely insist that all questions stop until you are given an attorney, even if it means sitting in jail a day until they arraign you are provide an attorney. Tell the lawyer the truth and he will advise you as how to proceed with the case.
    Answer Applies to: New York
    Replied: 10/12/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can always be charged with a crime as long as it is still within the statute of limitations. The statute of limitations depends on what crime you have been charged with. If it is some type of theft crime which you described, the prosecution would have six years from the date of the offense to bring charges against you. I don't really think you need a lawyer unless you have been charged or are being aggressively questioned by the police.
    Answer Applies to: Michigan
    Replied: 10/12/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    What money? If there was a crime committed and some one thinks you were involved, charges can be filed. When depends on whether it is a felony or a misdemeanor.
    Answer Applies to: California
    Replied: 10/28/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    The statute of limitations is 2 years for a misdemeanor and 5 years for a felony. You can be charged anytime within these periods if enough evidence is uncovered against you. They would probably arrest you with a warrant.
    Answer Applies to: New York
    Replied: 10/12/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    They have up to a year in california. You should hire a lawyer because the lawyer may prevent them from filing. You may be able to negotiate split fees, a certain amount if they do not file and another amount if they file and he or she has to go to court.
    Answer Applies to: California
    Replied: 10/12/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    Most criminal defense attorneys, including myself, will provide you with a free consultation in situations like this. The prosecutor is the one that files charges (generally an assistant prosecutor) based on a variety of non-statutory factors such as: Is there sufficient evidence that a crime has occurred, did the police conduct the investigation in an appropriate way, is a guilty verdict possible, etc. Basically, every prosecutor will look a little differently at certain police reports to determine if charges are appropriate. Length of time to bring charges varies depending on the purported crime. Typically, however, crimes are charged shortly after an arrest.
    Answer Applies to: Washington
    Replied: 10/12/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You may have left a few points out of your question. When you said "the money" you never said where it came from, how much it was, who it came from, how it got into your hands (presumably) and what it all had to do with you. Why not try asking a full question so we can answer it. There are too many unknowns to answer your question without more information.
    Answer Applies to: New York
    Replied: 10/28/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You may be charged with theft of lost or mislaid property. If charged, you would be arrested on a warrant. I would wait until arrested, before I retained an attorney.
    Answer Applies to: Georgia
    Replied: 10/12/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You can be arrested if released based on an arrest warrant. Statute of limitations depends on charge, misdemeanor 1 year, felony depends on offense most are 6 years, violations are 3 months. If a theft is alleged the dollar amount determines level of charge. The charge will likely be in district court and local police normally call to have you turn self in. There's no need for a lawyer yet, look for best in your area and keep the number handy.
    Answer Applies to: New Hampshire
    Replied: 10/12/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There is no time limit for class A felonies. For all other felonies the time limit is five years. For misdemeanors the time limit is two years and the time limit is one year for violations. There are no time limits on warrants. You probably don't need a lawyer until you are charged. The police will probably either come to your home or call you to come in.
    Answer Applies to: New York
    Replied: 10/11/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Seems suspiciously similar to a question posed several days ago, and the answer is the same. Finding lost property can be theft (if there's a easy way of figuring out whose it is), so if it is $400 or more it's a felony, less, a misdemeanor. They have a year to charge you if a misdemeanor, 3 years if a felony.
    Answer Applies to: California
    Replied: 10/11/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, you could still be charged up to the statute of limitations which is five years. I would tell you to wait until you are charged to hire a lawyer but you can consult with one now if you choose.
    Answer Applies to: Kansas
    Replied: 10/11/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. You may be charged subsequently at any time before the applicable statute of limitation s tolls. For a felony, that is a term of many years.
    Answer Applies to: Minnesota
    Replied: 10/11/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    2 years and yes the police can still charge you. It is unlikely that they will though.
    Answer Applies to: Texas
    Replied: 10/11/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    If the case is a misdemeanor (less than 1500) then they have 18 months. If the case is a felony-3 years. Generally speaking, obtaining a lawyer early is a good idea. Sometimes, it is not cost-effective if you lack abundant resources. With that in mind, the police will either arrest you or serve you a summons to appear in court. You should not speak to police unless a lawyer says it will for sure help your case.
    Answer Applies to: Colorado
    Replied: 10/11/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    There is the crime of theft of lost property that you could face. If there was sufficient identifying information in the wallet where locating the true owner could have happened, then you could face theft charges for keeping the money. If you did not keep anything and turned it over to the police, I can't imagine why you would be charged. If you think you're under investigation and/or facing charges, then sitting down with a local criminal defense attorney that routinely practices in the court where your case will be heard isn't a bad idea.
    Answer Applies to: California
    Replied: 10/11/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    If a misdemeanor the State has 90 days to bring charges from the date of arrest. If not arrested then speedy trial does not apply and the Statute of Limitations apply which is longer. If a felony then the State has 180 days after the arrest and if no arrest has taken place then the Statute of Limitations time is applicable.
    Answer Applies to: Florida
    Replied: 10/11/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    First, your question does not give me enough information to be more specific. If the case is a felony, the police have 4 years from the date of the incident to file formal charges (an indictment or an accusation). If it is a misdemeanor they have 2 years to file the accusation.
    Answer Applies to: Georgia
    Replied: 10/11/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    You should consult with a lawyer in order for them to review any court filings to determine if charges are going to be brought against you. You should have a lawyer present at all times and never answer any questions to the police without the advice of counsel by your side. F
    Answer Applies to: Alabama
    Replied: 10/11/2011
    Law Offices of Lynn Pierce
    Law Offices of Lynn Pierce | Lynn Pierce
    Just because they released you does not mean they can't charge you with a crime. However, the fact they did release you is hopefully a good sign they don't think they have enough to charge you at this time. I suggest you get a lawyer if there is any more contact made with you and I would advise you not to speak with law enforcement without a lawyer.
    Answer Applies to: Colorado
    Replied: 10/11/2011
    McCormack Law Office
    McCormack Law Office | Erin Michael McCormack
    Yes, you can still be charged. If charged you could be formally arrested, or served with a summons to appear in court to be apprised of your charges and rights under the law. The statute of limitations is two years from the date the crime is alleged to have occurred. It's always beneficial to consult an attorney, but it's unlikely that they will be able to influence whether charges will be brought against you.
    Answer Applies to: Maryland
    Replied: 10/11/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    You do not provide enough information. You can be charged with theft for up to 1 year or up to 5 years, depending on the amount. You should consult with an attorney to provide more information.
    Answer Applies to: New Jersey
    Replied: 10/11/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You can. It is unusual to release a suspect, where the stolen item is recovered, and then decide to charge and arrest him, but it can happen.
    Answer Applies to: New Jersey
    Replied: 10/11/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes. There is a good possibility that the police are still investigating the crime. Once they have obtained enough info, they turn the case over to the prosecutor, who then decides whether to file charges. If charges are filed, you can be either cited into court by letter notice, or, if the crime is substantial enough, a warrant could issue for your arrest. How much time they have to file depends upon the charges.
    Answer Applies to: Washington
    Replied: 10/11/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I'm not sure I can tell what crime we would be discussing from the scant details you provided. It's not illegal to have case so there must be more evidence. If I can't identify the crime, I can only discuss time-to-charge in general terms. Generally speaking, the Statute of Limitations (SOL) for a misdemeanor is one year and three years for a felony. The significance of the SOL is that the case cannot be filed after the SOL. As far as being charged after arrest and release that happens all the time and is perfectly legal as long as the SOL has not expired.
    Answer Applies to: Washington
    Replied: 10/11/2011
    bark & karpf
    bark & karpf | peter bark
    It all depends on what crime is charged. The usual statute of limitations in New York is 5 years on a felony, but there are some exceptions for sex crimes, murder and certain frauds, which have longer or no statute of limitations. If you leave the state the statute of limitation can be tolled, meaning extended for the period you are out of state. You may not need a lawyer right now, but if you are arrested you should not speak to the police without asking for a lawyer and if the police say they just want to hear your side of the story, get a lawyer right away. The police are permitted to lie and make false promises to get you to incriminate yourself.
    Answer Applies to: New York
    Replied: 10/11/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The State can still charge you even if you have been released. Most cases have a two-year statute of limitations. If they do charge you, you a warrant could be issued, but more likely a summons requiring you to appear in court will be mailed to you. It is probably better to wait to see if you are charged and what the charges are before retaining an attorney.
    Answer Applies to: Minnesota
    Replied: 10/11/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The police can file charges up to 18 months, if the amount was under $150.00, or three years if above that amount. You do not indicate when these events occurred, but I would venture to guess that the owner of the money does not want to press charges, and I would not suggest hiring a lawyer unless you are formally charged. You can be arrested with a warrant, or merely ordered to appear in court by means of a summons.
    Answer Applies to: Illinois
    Replied: 10/11/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can. Your release has nothing to do with the merits of the case. Usually prejudice is presumed (in favor of the defendant) after one year. You can wait until charges are filed before hiring a lawyer, but you should remember not to incriminate yourself in the time being; in other words, do not talk to anyone but your lawyer about the case, and exercise your right to remain silent at all times.
    Answer Applies to: California
    Replied: 10/11/2011
Click to View More Answers:
12 3 4 5 6 7 8 Free Legal QuestionsConnect with a local attorney