Can the cops bring things up in court they

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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