Can Police Tell You You Are Free to Go and Still Charge You Later?

Yes, it is absolutely possible for police to inform you that you are free to go but later charge you with a crime. This situation can arise even if a police officer initially tells you that you are free to go.

Unusual but Not Impossible

While it may seem unusual for police to charge you later when they initially inform you that you are free to go, such actions can occur. For instance, if the officer lets you go because you have a family with you or if the crime is one that could wait, the officer might have intended to file charges at a later time. This approach can provide the police with more time to investigate the case and compile evidence.

Statute of Limitations

The concept of a statute of limitations dictates that there is a limited period during which criminal charges can be filed. In most states, prosecution timelines vary, and usually, charges can be brought within a set amount of time. For example, in New Mexico, Montana, Oklahoma, California, and New York, the statute of limitations allows for misdemeanor charges within 6 months and felony charges within 1 year. However, this period can be longer for more serious offenses such as murder.

Arrest vs. Charges

It's important to understand that being arrested and being charged are two different processes. The police are responsible for making an arrest but the decision to charge rests with the prosecutor. Consequently, the officer who lets you go can still authorize the prosecutor to file charges against you later based on new evidence or further investigation. This demonstrates that being arrested is not a final sentence and that the option to file charges remains with the prosecution.

What to Do When Told You Can Go

When a police officer informs you that you are free to go, the safest course of action is to leave immediately. Remaining at the scene can give the authorities more opportunities to develop probable cause to arrest you. Even if you believe that you were initially let go, any further interaction with law enforcement could result in you being taken into custody and charged.

Navigating Legal Complications

It is indeed true that even if you have committed a crime, the police might initially let you go without evidence to hold you. This can lead to future charges based on new evidence or developments. For example, in the case of hiding contraband, you could be apprehended and arrested even if initially told you can go.

Conclusion

The scenario of being told you are free to go but later charged with a crime is a complex legal issue. It involves understanding the roles of the police and the prosecutor, as well as the statute of limitations for different types of offenses. By recognizing the differences between arrest and charging, and following advice to leave the scene, you can better navigate these situations and protect your rights.