Can something you did not get cited for still be used against you in court?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can something you did not get cited for still be used against you in court?

I received a citation for tampering with fire safety equipment covering a smoke detector. When the officer entered the room there was alcohol present (I am under 21 and a small amount of marijuana). He took pictures but then poured the alcohol down the drain and flushed the marijuana down the toilet. He did not cite me for the drugs or alcohol and he did not take any as evidence, only pictures. The only citation I received was for covering a smoke detector. Can the officer use the alcohol or marijuana against me in court even though that is not what I am in trouble for?

Asked on December 7, 2011 under Criminal Law, Pennsylvania

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

While the officer did not cite you for the alcohol or the marijuana, he can provide evidence of the entire incident in court.  If your case goes to trial, it may be something your attorney can object to based on the relevance to the crime you were actually charged with.  

The police report may have information regarding the drugs and alcohol so the prosecutor may also have access to the additional evidence, which may be considered at the time of any plea.


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 AttorneyPages.com 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 with SHA-256 Encryption