If I get arrested for smoking marijuana without any marijuana being present and my rights not being read to me, canI get the case dismissed?

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If I get arrested for smoking marijuana without any marijuana being present and my rights not being read to me, canI get the case dismissed?

I got arrested for being in a car filled with smoke. The cops repeatedly told me I was not being arrested that I was just being brought into the hospital. However, 5 days later they called and had me come into the police station. They told me I was not being arrested but then proceeded to fingerprint me and mug shot me.

Asked on November 14, 2011 under Criminal Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, there is an issue as to whether or not you were arrested or not from what you have decribed. Were you placed in jail? Were you given a citation? Are you in receipt of anything in the mail about the need for you to attend a hearing?

I suggest that you consult with a criminal defense attorney about what transpired. If you were finger printed and a mug shot was taken of you, it appears that some criminal charge was filed against you.

Whether or not you can get the action against you dismissed if it is a criminal charge is best addressed by the criminal defense attorney that you should consult with. The issue is was there marijuana residue upon you?


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