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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13656
Experience:  Experienced in multiple areas of the law.
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If a arrest was not made when the agreement to become a CI

Customer Question

If a arrest was not made when the agreement to become a CI took place. How long do police have to make that arrest if they do not use the CI?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Texas 5 months ago
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The information giving to police was made up to ensure they would be interested. To avoid being arrested.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Good morning,

Under Texas law, a person accused of a crime (whether a CI or not) may be arrested and charged by the prosecutor's office anytime up until the statute of limitations, or time legally allowed to charge someone, runs out. Depending on the type of crime, that will vary.

Misdemeanors, for example, in Texas must be charged within 2 years. Felonies must be charged between 3 and 10 years time from the date of the alleged crime, while some felonies, such as murder, have no statute of limitations.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Customer: replied 8 months ago.
When approached by police and asked to cooperate. A lawyer was requested, police refused to allow a lawyer or witness to be informed or present. Is that legal can they tell you it is not a option if a lawyer is contacted?
Expert:  RobertJDFL replied 8 months ago.

They don't have to make any agreement regarding being a CI (and only the prosecutor's office has the authority to agree to the actual terms, since the state, through the prosecutor's office, is the one actually bringing charges) so they can tell a person that they cannot have a lawyer. Police are not officers of the court and can therefore say almost anything to try and get cooperation.

It is not required that a person be offered counsel during negotiation of a CI deal (it's not like the legal requirement that a person in custody who asks for a lawyer during questioning must be given one) but it doesn't make sense either for police to not allow a lawyer to be present, since no one offered to become a CI should ever sign an agreement without discussing the terms with their lawyer and having them review any possible agreement drawn up.

If a person is coerced into signing something or revealing information I think there's at least the possibility that an argument could be made to have thrown out anything said as being made under duress or without informed consent.

Expert:  RobertJDFL replied 8 months ago.

Just checking in to see if there was any additional information you needed about this matter? Anything I could clarify about my answer?

If not, please remember to leave a positive rating by clicking on the stars at the top of the page so that I am credited for my time and assistance. Thank you.

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