Can I be charged for possession ofdrug related objects also if my citation only says misdemeanor possession of marijuana?

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Can I be charged for possession ofdrug related objects also if my citation only says misdemeanor possession of marijuana?

The officer told me if I was straight with him then he would be straight with me, and so I was, and got arrested and he did not say anything on the citation about the pipe that I had (I assumed this was him being “straight” with me). Now I received my court date in the mail and it says I am being charged with possession of marijuana as well as drug related objects. Can I be charged for this if it is nowhere on my citation?

Asked on January 19, 2012 under Criminal Law, Georgia

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

The prosecuting attorney decides what charges to file. 

The police officer that cited you filed a police report with the city attorney.  The city attorney then reviews the discoverty and decides what charges the evidence supports.  After the city attorney screens the charges he files the pleading with the court.

In short, the police officer cannot control what the prosecuting attorney charges or does not charge.  As usual, the peace officer was only interested in getting informantion from you. 

Hope this helps.


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