Can I be arrested before my court date if I’ve already been given a criminal citation?

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Can I be arrested before my court date if I’ve already been given a criminal citation?

My husband was recently pulled over and got caught with a bag of marijuana. He was issued a criminal citation, but also taken to the station for questioning. The officer told him if he did not tell them where he got the marijuana from that they would arrest him. He did not tell, they let him go, and told him they would call him in 24 hours to see if he would talk. Is it possible for them to arrest him before his court date after he was given a citation for the same offense? Should we speak to a criminal defense attorney? In Montog9merry County, MD. 

Asked on August 5, 2010 under Criminal Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is always best when you are caught in this type of situation to consult with a criminal attorney in your area as to the "whats" and "hows" that are possible according to your local laws.  What you are concerned about here is the police upgrading the offense in some way and charging him rather than just issuing the citation.  But the citation IS a charge by the police and may be issued in certain circumstances instead of an actual "custodial" arrest, meaning taking him and locking him up.  It seems unreasonable that they could now place him is jail for the same offense, but sometimes the police find other ways to be able to accomplish what they want, like charging him with interfering with an investigation in to where and from whom he got the pot.  Seek legal help.  Good luck.


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