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I received a citation in colorado for posession of marijuana…

Customer Question
I received a citation...

I received a citation in colorado for posession of marijuana on national forest service ground but when I looked at the letter sent informing me if my court date I noticed that the date they have down for date of offense is for wrong date. The date they listed was a day that I wasn't even on national forest service ground but in fact at home. Is that enough to have the whole case against me dismissed?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Yes it was filed with the federal courts by the forest service rangers that gave us the citation and they sent a letter informing us of our court date because it was a mandatory appearance in court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My boyfriend also received the same citation as well as several others for various violations like unlicensed vehicle but they were all dated for the wrong date

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
12/18/2017
Lawyer: LegalKnowledge, Attorney replied 8 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,849
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Customer reply replied 8 months ago
Thank you
Lawyer: LegalKnowledge, Attorney replied 8 months ago

Good morning. I certainly understand the situation and your concern. The wrong date alone, would not likely result in this just being dismissed. It would be a defense you would have to raise at trial if you want to use an alibi, that you were not present on the day of the alleged offense and it was someone other than you who was there who used your identity. Moreover, the date can always be amended to reflect the proper date this happened so if they are aware of this, it could be changed. If you do go to trial and the officer remembers this and you and can identify you, the defense may fail

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Customer reply replied 8 months ago
No
Lawyer: LegalKnowledge, Attorney replied 8 months ago

Chatting online is fine

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Customer reply replied 8 months ago
even though the charge states thatvi was in posession of the marijuana on the 27th on national forest ground and on the 27th I was actually nowhere near national forest or marijuana but in fact home with my son, they can just amend the date in court ?
Customer reply replied 8 months ago
I went up the following day on the 28thvwhich is the actual date they gave me the citation
Lawyer: LegalKnowledge, Attorney replied 8 months ago

They could amend this if they are aware of it. You can certainly fight this but that would be an issue for trial and you arguing you were not present on the 27th and were home and testifying to the same and denying you were there. Once the trial starts, they could not amend this but if they are aware of it ahead of time, they could. Now, if you are going to fight this, you want to retain a criminal defense attorney so that they can work on this and start using and raising the defense and that you do have an alibi to your location on the date and time in question.

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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