Will my case get thrown out since I never signed any paperwork saying that I was being charged and the charge was written after the fact?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will my case get thrown out since I never signed any paperwork saying that I was being charged and the charge was written after the fact?
I was pulled over for speeding and got charged for simple possession of marijuana. I didn’t know I was charged until I went to pay the speeding ticket. I never signed anything saying that I was being charged, in fact the day I was pulled over the police officer said and I quote,
Asked on September 4, 2019 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) There is no requirement for a defendant to sign anything acknowledgeing that he or she is being charged; after all, if that was required, no one could be charged ever, since no one would ever sign the paperwork. This is not grounds to dismiss the case.
2) You can be charged after the fact; there is no law requiring you to be charged immediately or on the spot. This, too, is not grounds to throw out or dismiss the case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.