If you get arrested for marijuana, paraphernalia, and ~.5 of mushrooms but no charge was mentioned about mushrooms, can they still charge you for it?

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If you get arrested for marijuana, paraphernalia, and ~.5 of mushrooms but no charge was mentioned about mushrooms, can they still charge you for it?

First offense ever with drugs and was caught with ~2 grams of marijuana, 2 counts of paraphernalia and ~.5 of psychedelic mushrooms. in courts nothing was mentioned about the mushrooms, and it had only been 1 and a half days before i went to court. can they still charge me with the mushrooms even though the mushrooms were never mentioned in the first place?

Asked on June 26, 2012 under Criminal Law, Ohio

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Usually, a police officer will issue a citation for the crimes they feel you have committed.  However, the person that actually charges you with the crime/crimes is the prosecuting attorney. 

Prosecuting attorneys screen/review the police reports and decide what charges to file. Additionally, they have the authority to dismiss charges as part of a plea agreement.

Wherefore, in short, I would not be surprised to see an additonal possession charge added.

Hope this helps


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