If I was charged with disorderly conduct but the citation reads "possessed marijuana", am I being charged with a disorderly conduct or possession?

Asked 1/16/2012 under Criminal Defense | 125 View(s) | More Legal Topics

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Criminal Defense Law Answers

Russ Pietryga / Pietryga Law Office Answered 4 months ago | Contributor This attorney is licensed in Utah

A citation is what the police officer decides you are guilty of.  The prosecuting attorney decides what charges to file.  Specifically, the police provide the evidence to the prosecuting attorney who screens it.  After it has been screened for charges the prosecuting attorney will decide what charges to file with the court.

In your case, it appears that the officer charged you with disorderly conduct and noted that you possessed marijuana.  That said, the prosecuting attorney could decide to charge you with possession and not the disorderly conduct or both.

Hope this helps

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