Can the cops bring things up in court they

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can the cops bring things up in court they

I was parked on the side of the road when an officer came up to my car. I got busted for an open alcoholic beverage. The cop also smelled weed in my car. I came clean and said that I smoked weed and drank a beer that night, about 4 hours prior. True, he decided to let me go for the weed but ticketed me for the beer. Now I’m going to court. Do I need to mention the weed? will the cop mention it? Can he bring it up if he let me off with a warning?

Asked on January 30, 2018 under Criminal Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it is not one of or part of one of the charges you are facing and is not evidence for a charge you are facing, they can't bring it up: they can only bring up facts relevant to what you in court for, and if they try to bring up anything else--like the marijuana--you can object to it on the grounds you were not charged and it is not relevant. Note, though, that if you make the mistake of mentioning it first, *then* they can testify about it: the law lets them expand on or rebut, as appropriate, anything you put into play, so do not yourself menton the marijuana.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption