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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23190
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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shot twice while doing an illegal drug transaction

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My husband was shot twice while doing an illegal drug transaction of 1 pound for majiuanna and was never arrested or charged with anything and cooperated with police 100%. How long until we are in the clear? will we be charged? the detectives said he wasn't being charged and won't need a lawyer but others tell me the DA makes that decision.

I'm sorry to hear that your husband was shot.

The statute of limitations on a drug felony (or on a misdemeanor) in Massachusetts is 6 years from the commission of the crime. So techincally, the DA would have 6 years to investigate or make up his mind what to do.

If the police never turned over the file to the DA however, because he cut a cooperation deal with which they were satisfied, what the police tell you is likely true. But if for any reason the police change their mind, the outer limit would be the 6 year period I mentioned above.
Customer: replied 3 years ago.

The detectives gave us an application for a victims assistance program which sats as long as you cooperate they help with lost wages and medical copays etc...

I'm afraid to apply because it goes to the DA's office and I may open a can of worms but then afain this info is public in the police report so applying may not make things worse. What is done is done. Your thoughts?

Sorry for the delay. I stepped away from the computer.

If the police gave that to you, the DA likely already knows what's going on. If he has a formal cooperation agreement, and does what they expect of him, it should all come out okay, even if you apply for the benefits.

If he breaches the agreement then he could be arrested. But I imagine you both know that.
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