Will my case get thrown out since I never signed any paperwork saying that I was being charged and the charge was written after the fact?
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Will my case get thrown out since I never signed any paperwork saying that I was being charged and the charge was written after the fact?
I was pulled over for speeding and got charged for simple possession of marijuana. I didn’t know I was charged until I went to pay the speeding ticket. I never signed anything saying that I was being charged, in fact the day I was pulled over the police officer said and I quote,
Asked on September 4, 2019 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) There is no requirement for a defendant to sign anything acknowledgeing that he or she is being charged; after all, if that was required, no one could be charged ever, since no one would ever sign the paperwork. This is not grounds to dismiss the case.
2) You can be charged after the fact; there is no law requiring you to be charged immediately or on the spot. This, too, is not grounds to throw out or dismiss the case.
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