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Jack R.
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Category: Criminal Law
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Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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my son (driving) and i were pulled over by I.C.E. for what

Resolved Question:

my son (driving) and i were pulled over by I.C.E. for what cop says following too close. tells us he smells pot in vehicle, now has cause to search. finds 4 grams in coffee can. gives son ticket for illegal passing. arrest both of us for simple possession and illegal possession of a fire arm. ticket had no court date, no address or jurisdiction of any kind. is invalid ticket just cause to dismiss? can this be used to dismiss possession case? weapon was mine i never seen pot but both charged as we would not speak when arrested.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Jack R. replied 1 year ago.

Whether or not the ticket is valid will have no bearing on the criminal possession charge and the weapons charge. As long as an officer had a justifiable reason to pull you over then the resulting criminal offense is something you will need to deal with. This is what is referred to as a pretext stop. The officer's motivation was not to cite you for following too close, but rather for a reason to see if other criminal activity usually drugs or drunk driving are occurring.

 

A police officer is not judge and jury. He arrests individuals for breaking the law. It is up to the prosecutor to decide whether the charges can be proven.

 

You will probably receive a summons in the mail if you haven't already concerning a court date on all charges. You should consult an attorney. An attorney may be able to plead down the charges for you.

 

If you found this answer useful please ACCEPT my answer; press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

 

 

 

Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience: OHIO//Texas Attorney Civil/Crimnal Practice
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Jack R.
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OHIO//Texas Attorney Civil/Crimnal Practice