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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110511
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Received citation in person for Drug Paraphernalia but wrong

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Received citation in person for Drug Paraphernalia but wrong person?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Your question cut off, can you please continue?
Customer: replied 3 years ago.

1. They tried not to tell me but they searched my car and probable cause was smell of marijuana and they were looking for purses because I matched the suspect for stealing 3 purses at the mall, when I just arrived there.
2. I never admitted to anything, I told them if anything was found it wasn't mine.

The Actual Questions (Sorry)

1. She was on probation, her probation ends June 27th, same as our court date. Is she violating it and how will she be punished? The probation was for an accident she had gotten into.
2. Will it leave her record at 18? Since she is 17?
3. The cop printed out 2 citations for us to sign, only after noticing on my copy, he printed out TWO COPIES OF HER CITATION. Basically my citation has all of her information and just my car information. Is there anyway the ticket can be voided as I never received a citation in MY NAME?
4. I should show up anyways right? Is it possible to get a dismissal or probation or anything to keep it off my record as I am a first time offender?
Thank you for your response and additional information.

If the pipe was not found on your person or in your vehicle, I see no reason why he has tried to charge you on the constructive possession. He has no probable cause to tie you to the pipe.

He may have had reasonable suspicion to stop you if he did have a report of a theft and you fit the description. As far as searching if he testifies that he smelled marijuana it is his story against your story, but again he did not find anything on your person or in your vehicle, but on your friend's person.

If the officer printed you a citation without your name on it, you need to show up and move for a dismissal. This type of negligence is inexcusable, but if you do not show up it can lead to them trying to put a warrant out for you because they have your registration information on your vehicle.

On top of the improper citation, there is absolutely no probable cause against you for this charge and as such the DA will have to dismiss if you maintain a not guilty plea as he cannot prove beyond a reasonable doubt you actually possessed the pipe, which he must prove to get a conviction.

Unfortunately, your friend has committed a probation violation and typically, if this is her first violation she can face a fine, 30-60 days in jail, extension of probation or loss of any sentencing deals she may have had (such as deferred sentence). I am afraid that also the charge is going to stay on her record this time unless she is able to get a deferred sentence which is where they make her do probation and upon successful completion they will dismiss the charges.

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Customer: replied 3 years ago.

One last part.

They did find within my car and not on her person, ashes inside of a apple sauce cup that they took for evidence. Would this be enough for the charge?

When I asked he told me I was charged for the bits of weed they found within the carpeting of the car. Like petals of weed.

Also the car is registered in my mother's name. Same address, but her name.

Last reply, Thanks!

Thank you for your follow up.

I have never seen anyone charged with ashes, as they do not contain any illegal substances and all of the illegal substances burn off.

Also, if they picked up scraps from the floor, unless it was some substantial amount, the officer was being a "you know what" and these charges will not generally stick.
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