Arrested by the DEA on drug distribution charges.

[freedomlimited]

What is the name of your state (only U.S. law)? Hawaii

I was arrested by the DEA on drug distribution chrages. They came to my house stating that they watched me conduct a deal. I asked if I was under arrest and they said yes and took me to the federal building for questioning.

After questioning in which I admitted to nothing. I was finger printed, photographed and held in a room for about half an hour while they said they were talking to the prosecutor. When they returned I Was told that the prosecutor has much bigger fish to fry and it was my lucky day and I would be released from custody. However they could choose to indict me at a later date if I do not cooperate with them.

How long do they have to indict me? Does my right to a speedy trial protect me from being indicted months or years from now?

I have received a few free consultations in which the attorneys said that if they let me go so easily they probably don't have anything on me and most likely nothing will come of this. I would like to hire an attorney but it would mean maxing out my credit cards and I don't know if they can do much for me at this point anyways, at least until I am actually indicted.

Any advice is greatly appreciated.

 

[Mass_Shyster]

How long do they have to indict me? Does my right to a speedy trial protect me from being indicted months or years from now?

They have until the statute of limitations expires to charge you. The clock on the speedy trial does not start until you have been formally charged.

 

[freedomlimited]

Is there anything that can be done to have the case dismissed before being formally charged? What can an attorney actually do for me at this point. Given that finances are very tight would I be better off hiring one if and when I am formally charged?

If I'm going to face jail time I'd rather face it now than be surprised by it years down the road.

 

[Mass_Shyster]

Is there anything that can be done to have the case dismissed before being formally charged?

If I'm going to face jail time I'd rather face it now than be surprised by it years down the road.

There is nothing to dismiss UNTIL the charges have been filed. You'll just have to wait it out.

 

[xylene]

If I'm going to face jail time I'd rather face it now than be surprised by it years down the road.

No, you want to wait. Believe me.

Yes, they can try to make a case up until the statute of limitations BUT -

The more time passes, the harder it is for them to make a case. Really. Evidence gets stale, people move away, witnesses forget.


You didn't say anything and you didn't agree to do anything.

You are not under any indigment.

Change your way of living, maybe move to another state. Avoid criminal associations. Stay clean.

Good luck and take heed of this warning.

 

[freedomlimited]

Given that they likely have little evidence against me other than perhaps someone trying to tarnish my name, how common is it for them to formally charge down the road.

Is it likely they arrested me hoping that I would incriminate myself? Without hard evidence I would assume the case would simply be thrown out if they did try to indict me. I dont see any other reason they'd let me walk free.

 

[freedomlimited]

No, you want to wait. Believe me.

Yes, they can try to make a case up until the statute of limitations BUT -

The more time passes, the harder it is for them to make a case. Really. Evidence gets stale, people move away, witnesses forget.


You didn't say anything and you didn't agree to do anything.

You are not under any indigment.

Change your way of living, maybe move to another state. Avoid criminal associations. Stay clean.

Good luck and take heed of this warning.

I had not considered that, thank you! I was already considering moving to another state well before any of this happened (Hawaii is too expensive!). But since it involves the DEA does it matter what state I live in? My understanding is also that the statue of limitations clock can stop running if I am no longer in the state?

 

[tranquility]

What "case" dismissed?

Info edit:
The state charges could be tolled if you leave the state. The federal SOL will continue to run if you stay in the U.S.

 

[xylene]

Given that they likely have little evidence against me other than perhaps someone trying to tarnish my name, how common is it for them to formally charge down the road.

Is it likely they arrested me hoping that I would incriminate myself? Without hard evidence I would assume the case would simply be thrown out if they did try to indict me. I dont see any other reason they'd let me walk free.

Look I'm going to ask you a few questions WHICH I DO NOT WANT YOU TO ANSWER.

Did you actually do what they allege?

Are you involved as a user or seller of drugs?


Don't think about the evidence or second guess the DEA.

Unless they brought in an innocent person...

 

[freedomlimited]

Thank you everyone for your responses. Is there anything I should be doing at this point other than staying out of trouble?

 

[tranquility]

Don't talk about it with anyone but your attorney.

 

[Just Blue]

Look I'm going to ask you a few questions WHICH I DO NOT WANT YOU TO ANSWER.

Did you actually do what they allege?

Are you involved as a user or seller of drugs?


Don't think about the evidence or second guess the DEA.

Unless they brought in an innocent person...

I am curious why you want to "discreetly" assist dealers? (???)

 

[LdiJ]

Is there anything that can be done to have the case dismissed before being formally charged? What can an attorney actually do for me at this point. Given that finances are very tight would I be better off hiring one if and when I am formally charged?

If I'm going to face jail time I'd rather face it now than be surprised by it years down the road.

There is no case to dismiss if you have not been formally charged.

No, there is nothing an attorney could do for you unless you are formally charged.

If you are ever formally charged then you can and should hire an attorney.

According to Findlaw the statute of limitations for a class A felony is 6 years, and for all others its 3 years. So it depends on what level of felony they could charge you with.

 

[dave33]

Given that they likely have little evidence against me other than perhaps someone trying to tarnish my name, how common is it for them to formally charge down the road.

Is it likely they arrested me hoping that I would incriminate myself? Without hard evidence I would assume the case would simply be thrown out if they did try to indict me. I dont see any other reason they'd let me walk free.

If you ever have to speak to them again, say nothing. You may think you are giving them nothing but they are very clever.
They picked you up hoping to get enough out of you to arrest you. After you made the statement they ran what you said by the d.a.
hoping it was enough to slap on the cuffs. You cannot talk your way out of these things. goodluck.

 

[tranquility]

I agree. It is amazing how a tiny thread inadvertently provided, when pulled, can unravel the whole garment.