Can the court charge you for more than what the citation says?

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Can the court charge you for more than what the citation says?

I recently received a citation for minor consumption. On the citation it only says minor consumption. When I was talking to the cops at the scene they had a case of beer and asked if it was mine. I replied no. On the citation they only wrote down minor consumption. So if I have to go to court for this can they charge me for possession as well?

Asked on August 1, 2011 Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is up to the district attorney's office to change the charges against you in the citiation, not the court which you should be worried about.

Potentially the district attorney's office based upon any reports and other evidence obtained at the time you were cited or afterwards in its investigation could very well amend the citation you recived to add offenses beyond that what you were originally cited for.

If you go to court to fight the citation, potentially the prosecuting party against you could ask for leave to amend the citation to conform to proof at trial based upon the evidence expected to be presented against you. In most instances concerning a citation, amendment of the offense is rarely done to add a new offense where a juvenile is involved.

 


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