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If you are receiving an OWI, and they search your car and find

 
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Customer Question

If you are receiving an OWI, and they search your car and find weed residue and a pipe, keep the evidence, and only sentence you for the OWI, are they at a later time able to charge you for the possession and paraphernalia charges?

Submitted: 278 days and 13 hours ago.
Category: Criminal Law
Value: $28
Status: CLOSED
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Expert:  PaulMJD replied 278 days and 13 hours ago.

In what state did this occur?

Customer replied 278 days and 13 hours ago.

Michigan

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Expert:  PaulMJD replied 278 days and 13 hours ago.

Under MI law, the OWI and possession and paraphernalia charges are completely different charges. What this means is that the DA can charge you with the possession and paraphernalia even though you have been convicted of OWI. Under MI law, they have 6 years to file charges against you for Misdemeanor or Felony charges. This means the DA can sit on the evidence for up to 6 years before you are clear from being arrested and charged for the possession and paraphernalia.


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Customer replied 278 days and 13 hours ago.

This is bad information because it wasn't applicable to my needs. I want money back

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Expert:  PaulMJD replied 278 days and 13 hours ago.

Since you only asked, "If you are receiving an OWI, and they search your car and find weed residue and a pipe, keep the evidence, and only sentence you for the OWI, are they at a later time able to charge you for the possession and paraphernalia charges?" which was indeed answered, perhaps if you would be kind enough to actually communicate with the expert what more information you would like about your situation, we are more than willing to work with you to try to make sure you get the information you need.

However, it is not the expert's fault or the service's fault if your state laws are what they are and we thank you to keep that in mind.

 
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